Rankin v. Food Lion
210 N.C. App. 213
N.C. Ct. App.2011Background
- Rankin sued Food Lion entities for injuries from a June 24, 2006 fall at Food Lion Store #276 in Charlotte.
- Defendants moved to dismiss and later moved for summary judgment asserting lack of control, nonexistence of entities, and improper joinder.
- Food Lion Store #276 is not a legal entity; Food Lion, Inc. and Food Town Stores, Inc. no longer exist; Food Lion, LLC operates stores and is a subsidiary of Delhaize America, Inc.
- Delhaize America, Inc. is a holding company with no operational control over the store where Rankin fell.
- The trial court granted summary judgment on December 1, 2009; Rankin appealed alleging admissible evidence showed Delhaize owned the store and that Food Lion, LLC was the proper party.
- The appellate court affirmed, holding the challenged documents were inadmissible and Rankin failed to present admissible evidence to create a genuine issue of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Delhaize America, Inc. owed liability for the store’s negligence. | Rankin contends Delhaize America owned/controlled the store. | Defendants show store is operated by Food Lion, LLC and that Delhaize America has no control or liability. | No genuine issue; entities allegedly liable not proper parties; summary judgment affirmed. |
| Whether the internet printouts were admissible to defeat summary judgment. | Rankin relied on printouts to prove ownership by Delhaize America. | Printouts are inadmissible hearsay and not properly authenticated. | Printouts inadmissible; cannot defeat summary judgment. |
| Whether Rankin adequately responded with admissible evidence to support her claim. | Rankin provided documents as evidence of ownership. | Rankin offered no properly authenticated evidence or sworn affidavits. | Rankin failed to present admissible evidence; summary judgment proper. |
Key Cases Cited
- G & S Business Services v. Fast Fare, Inc., 94 N.C. App. 483 (1989) (affirms summary judgment where opposing party offers no admissible evidence)
- Bruce-Terminix Co. v. Zurich Ins. Co., 130 N.C. App. 729 (1998) (summary judgment standard; burden on movant to show no triable issue)
- Pembee Mfg. Corp. v. Cape Fear Constr. Co., 313 N.C. 488 (1985) (burden-shifting framework for summary judgment)
- In re Will of Jones, 362 N.C. 569 (2008) (standard for reviewing summary judgment on appeal)
- Merritt v. Hemmings (cited within), 196 N.C. App. 600 (2009) (affidavit requirements and evidence admissibility in summary judgment)