Woman's family wins appeal in lawsuit tied to fall at Kroger store

ST. CLAIR SHORES (AP) - The Michigan appeals court has reinstated a lawsuit over the death of a Kroger customer who tripped on a hose.

In a 2-1 decision, the court says it can't be "seriously disputed" that a garden hose near a store entrance is unexpected.

Karen MacAskill was dropped off at a Kroger store in St. Clair Shores in August 2012. The 69-year-old tripped on a hose and later suffered a fatal heart attack linked to her injuries.

The hose was partially covered by a mat while a 16-year-old bagger was watering flowers outside the store. Appeals Judge Pat Donofrio disagreed with the majority and said the hose should have been obvious to MacAskill because an employee was watering plants.

The case now returns to Macomb County Circuit Court.

Published: Tue, Mar 10, 2015

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