Kroger Holds Win In Suit Over Shopper's Fatal Scooter Fall

Law360 (February 19, 2021, 5:10 PM EST) -- A Kentucky appeals court on Friday denied an appeal from the family of a shopper who died after falling out of a scooter provided by The Kroger Co., saying the trial court was right to hand the grocery chain a win due to a lack of evidence.

The three-judge panel affirmed a summary judgment that ended a suit by Stacy Festervan, administrator of the estate of Nancy Festervan, a 77-year-old who in December 2017 allegedly fell from a scooter in the Kroger parking lot, broke her hip, and died as a result.

The trial court granted summary judgment to Kroger in...

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