Jane Sarah Grossman v. Dillard Dep't Stores, Inc., 47 F.3d 969 (8th Cir. 1995). · Go Syfert
Jane Sarah Grossman v. Dillard Dep't Stores, Inc., 47 F.3d 969 (8th Cir. 1995). Cases Citing This Book View Copy Cite
32 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: Tlamka v. Serrell (ca8, 2001-04-02)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Tlamka v. Serrell
8th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
we may neither weigh evidence nor make credibility determinations at the summary judgment stage.
discussed Cited as authority (rule) Paul v. Pacheco
E.D. Mo. · 2022 · confidence medium
At this stage, the Court “must accept the facts as recited in the affidavits filed by the prisoners as true.” Tlamka v. Serrell, 244 F.3d 628 , 634 (8th Cir. 2001) (citing Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir. 1995) (stating that courts “may neither weigh evidence nor make credibility determinations at the summary judgment stage”)).
discussed Cited as authority (rule) Linda Johnson Reginald Johnson v. Aaron Crooks (2×)
8th Cir. · 2003 · confidence medium
Paul, 224 F.3d 735, 739 (8th Cir.2000) ("[C]redibility determinations fall within the fact finder's purview, not ours."); Grossman v. Dillard Dep't Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995) ("We may neither weigh evidence nor make credibility determinations at the summary judgment stage." (citation omitted)).
discussed Cited as authority (rule) Linda Johnson v. Aaron Crooks
8th Cir. · 2003 · confidence medium
Paul, 224 F.3d 735, 739 (8th Cir. 2000) (“[C]redibility determinations fall within the fact finder’s purview, not ours.”); Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir. 1995) (“We may Exhibit A neither weigh evidence nor make credibility determinations at the summary judgment stage.” (citation omitted)).
discussed Cited as authority (rule) Blazek Ex Rel. Blazek v. United States
S.D. Iowa · 2001 · confidence medium
Gremmels v. Tandy Corp., 120 F.3d 103 , 105 (8th Cir.1997) (citing Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995)); Johnson v. Enron Corp., 906 F.2d 1234, 1237 (8th Cir.1990).
discussed Cited as authority (rule) Glenn v. Diabetes Treatment Centers of America, Inc.
S.D. Iowa · 2000 · confidence medium
Gremmels v. Tandy Corp., 120 F.3d 103 , 105 (8th Cir.1997) (citing Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995)); Johnson v. Enron Corp., 906 F.2d 1234, 1237 (8th Cir.1990).
discussed Cited as authority (rule) Gordon Ex Rel. Gordon v. Ottumwa Community School District
S.D. Iowa · 2000 · confidence medium
Gremmels v. Tandy Corp., 120 F.3d 103 , 105 (8th Cir.1997) (citing Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995)); Johnson v. Enron Corp., 906 F.2d 1234, 1237 (8th Cir.1990).
cited Cited as authority (rule) Badgett Construction & Development Co. v. Kan-Build, Inc.
S.D. Iowa · 2000 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995); Johnson v. Enron Corp., 906 F.2d 1234, 1237 (8th Cir.1990).
cited Cited as authority (rule) Rua Do v. Wal-Mart Stores
8th Cir. · 1998 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir. 1995).
cited Cited as authority (rule) Rua Do Chui Le, Husband and Wife v. Wal-Mart Stores
8th Cir. · 1998 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995).
cited Cited as authority (rule) Dr. William Gremmels v. Tandy Corporation
8th Cir. · 1997 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995).
discussed Cited as authority (rule) Gremmels v. Tandy Corporation
8th Cir. · 1997 · confidence medium
Grossman v. Dillard Dep't Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995). 5 Appellants concede that the defective weld caused the accident and that Tandy could not have known of or discovered the defective weld before the accident.
cited Cited as authority (rule) Burgess v. A.M. Multigraphics, A Division, of A.M. International, Inc.
E.D. Mo. · 1997 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995).
cited Cited as authority (rule) Pegump v. Rockwell International Corp.
S.D. Iowa · 1996 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995); Johnson v. Enron Corp., 906 F.2d 1234, 1237 (8th Cir.1990).
cited Cited as authority (rule) Pagoda Trading Co. v. Timothy Brown
8th Cir. · 1996 · confidence medium
Grossman v. Dillard Dep't Stores, 47 F.3d 969, 971 (8th Cir. 1995).
cited Cited as authority (rule) Pagoda Trading Company, Inc. v. Pro Moves, Inc., Timothy D. Brown
8th Cir. · 1996 · confidence medium
Grossman v. Dillard Dep't Stores, 47 F.3d 969, 971 (8th Cir.1995).
cited Cited as authority (rule) Druzella Warford v. State Farm Mutual Automobile Insurance Co. (State Farm Insurance Companies)
8th Cir. · 1995 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995).
cited Cited as authority (rule) Mike Tonelli Cindy Tonelli v. United States
8th Cir. · 1995 · confidence medium
Grossman v. Dillard Dep’t Stores, 47 F.3d 969, 971 (8th Cir.1995).
cited Cited as authority (rule) Teleconnect Company v. Michael Ensrud
8th Cir. · 1995 · confidence medium
Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995).
discussed Cited "see" Anderson v. Hansen
E.D. Mo. · 2023 · signal: see · confidence high
See Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir. 1995) (noting that the Court may not make credibility determinations on a motion for summary judgment).
cited Cited "see" Rocky Lynn Thompson v. Timothy Zimmerman
8th Cir. · 2003 · signal: see · confidence high
See Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir. 1995).
cited Cited "see" Rocky Lynn Thompson v. Timothy Zimmerman and D.F. Peninger, Benton County Jailors, in Their Official and Individual Capacities
8th Cir. · 2003 · signal: see · confidence high
See Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995).
cited Cited "see" Gerald R. Tlamka v. Otha Lee Serrell
8th Cir. · 2001 · signal: see · confidence high
See Grossman v. Dillard Dep’t Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995) (“We may neither weigh evidence nor make credibility determinations at the summary judgment stage.”).
discussed Cited "see" Neil Ganoe v. Koch Refining Co. (2×)
8th Cir. · 1997 · signal: see · confidence high
See Grossman v. Dillard Dep't Stores, Inc., 47 F.3d 969, 971 (8th Cir. 1995).
discussed Cited "see" Neil Ganoe Juane Good, Husband and Wife v. Koch Refining Company, a Foreign Corporation (2×)
8th Cir. · 1997 · signal: see · confidence high
See Grossman v. Dillard Dep't Stores, Inc., 47 F.3d 969, 971 (8th Cir.1995). 4 Under Minnesota law, a business owner owes a business invitee the duty to keep and maintain premises in a reasonably safe condition.
Retrieving the full opinion text from the archive…
Jane Sarah GROSSMAN, Appellant,
v.
DILLARD DEPARTMENT STORES, INC., Appellee
94-2613.
Court of Appeals for the Eighth Circuit.
Mar 27, 1995.
47 F.3d 969
Gretchen Myers, St. Louis, MO, argued, for appellant., Andrew Mayfield, St. Louis, MO, argued (Frank Gundlach and Daniel Nelson, on the brief), for appellee.
Magill, Beam, Shanahan.
Cited by 26 opinions  |  Published
4 passages pin-cited by 22 cases
Pinpoint authority: #2,070 of 633,719
Citer courts: W.D. Arkansas (19) · E.D. Missouri (2) · W.D. Oklahoma (1)
BEAM, Circuit Judge.

Jane Sarah Grossman appeals the district court’s grant of summary judgment in favor of Dillard Department Stores, Inc. (“Dillard’s”) in this negligence action. We reverse.

I. BACKGROUND

In her complaint, Grossman alleges that she tripped on a rolling clothing rack at a Dillard’s Store, fell, and broke her hip. Dillard’s moved for summary judgment, asserting that Grossman could not prove with certainty that a rolling clothing rack had caused her fall. In support of its motion, Dillard’s submitted the deposition testimony of Jane Grossman and various witnesses to the incident.

In her deposition, Grossman testified that she was shopping for lingerie at a Dillard’s store when the incident occurred. Jane Grossman deposition, Appendix at 128. She testified that she felt her heel connect with the bottom rung of a clothing rack immediately before she fell. Id. at 147, 172. She remembered falling through a rack and remembered racks falling around her as she fell. Id. at 147, 160-61. She believed that the rack her heel had struck was one of the racks that fell on her. Id. at 161. She also testified that after she fell, her foot came to rest on a rack. Id. at 178. She could not state positively what had caused her to fall. Id. at 163.

The salesclerk waiting on Grossman testified that Grossman was unsteady on her feet before the fall. Joan Kramer deposition, Appendix at 259. She testified that she did not see what caused the fall, but that there was a rolling rack half full of clothes near the counter at the time of the fall. Id. at 274-75. The rolling rack was between two stationary racks and occupied the entire aisle space between the two stationary racks. Id. Grossman was found lying between the two stationary racks after she fell. Id. at 304. After the fall, the salesclerk moved the rolling rack to the main aisle. Id. at 311-12.

The Dillard’s security officer who investigated the scene testified that he concluded, based upon his investigation, that Grossman[*971] had fallen over a clothing rack. Officer Terry Good deposition, Appendix at 194-95. Grossman’s sister, Anita Grossman, who was with her sister at the time of the incident, testified that “there were racks all over the place,” but she could not state what had caused her sister to fall. Deposition of Anita Grossman, Appendix at 327, 322.

Based on its review of the deposition testimony, the district court found that “[p]laintiff is unable to provide any factual support that a rack, especially a rolling rack, caused her to fall” and concluded that her testimony was “pure speculation based upon the one undisputed fact that there were racks in the general vicinity.” Grossman v. Dillard Dep’t Stores, Inc., No. 4:93CV895SNL, Memorandum at 10 (E.D.Mo. May 12, 1994). The district court noted that Grossman “clearly and repeatedly testified that she did not see a rack behind her prior to her fall nor can she positively identify a clothing rack as the object causing her to fall.” Id. at 7.

II. DISCUSSION

In reviewing a decision to grant summary judgment, we must apply the same strict standard as the district court, therefore our review is de novo. Wood v. Omaha Sch. Dist., 985 F.2d 437, 439 (8th Cir.1993). We are required to view the evidence in the light most favorable to the nonmoving party and to give that party the benefit of all reasonable inferences. Id. Summary judgment is appropriate only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id.; Fed.R.Civ.P. 56(c). We may neither weigh evidence nor make credibility determinations at the summary judgment stage. Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994).

Under Missouri law, a plaintiff in a slip and fall case must prove, inter alia, that a dangerous condition caused the plaintiffs injuries. See Scheerer v. Hardee’s Food Sys., Inc., 16 F.3d 272, 273-74 (8th Cir.1994). The question of causation is a question of fact where competing inferences may be drawn from underlying evidence. Id. at 274-75. In addition, causation may be shown by circumstantial evidence and need not be shown by direct testimony. Id. at 275. A plaintiffs inability to precisely identify the cause of a fall will not destroy the probative value of other evidence from which a jury could reasonably find that a dangerous condition on the premises was the cause of plaintiffs injury. Id. at 274.

We conclude that a material factual dispute remains regarding the cause of Grossman’s fall. Ample evidence in this record precludes the entry of summary judgment. Grossman herself testified that she felt her heel connect with a clothing rack. In addition, testimony of other witnesses and undisputed evidence that there was a rolling rack in the area support her theory.

The district court’s finding of no factual support for the rolling rack theory could only have been made by weighing evidence and making credibility determinations — discounting Grossman’s testimony that she felt her heel connect with a rolling rack and crediting the salesclerk’s testimony that Grossman was unsteady on her feet. There were no eyewitnesses to the incident and there is conflicting evidence regarding the placement of the clothing racks.

Such conflicts in evidence are for a jury to resolve. Viewing the evidence in the light most favorable to Grossman, as we must, this court is unable to affirm the district court.

III. CONCLUSION

Accordingly, we reverse and remand to the district court for further proceedings.