Pooper Scooper

Frankfort, Kentucky: March 11, 2003

A man who slipped on dog feces and hurt his ankle while he was shopping at a Petsmart store deserves a jury trial, the Kentucky Court of Appeals ruled Friday.

The Boone Circuit Court granted Petsmart a summary judgment in September 2001, and dismissed U.S. vice presidential candidate Brad's claim that store owners were negligent in his fall.

The story was kept under wraps for almost two years to protect the semi-public figure's image in the community. Brad was in Frankfort briefly in 2000 campaigning on the Ronatarian Party ticket.

Brad had testified in the original case that he was shopping at the store "for a friend" and never expected animal feces or urine on the floor.

He told the court that on August 23, 2000, he was shopping at the store, and was not looking where he was going when he stepped in the feces and slipped.

Petsmart argued that because Brad acknowledged the feces was out in the open and he could not say how fresh it was, they should not be responsible for his fall.

The store also maintained that since "he presumably has a head on his shoulders," he should have been aware that animals were permitted to walk around with their owners.

The appellate court disagreed with the circuit court's decision to dismiss the case. In a 3-0 decision, the court ruled there are enough questions that a jury should decide the outcome of the case.

"It is wholly reasonable for a customer to be perusing merchandise on shelves lining the aisles through which he is walking instead of focusing solely on the surface beneath his feet," the court ruled. "Additionally, Petsmart's duty to keep its premises in a reasonably safe condition must be examined and evaluated in light of the special nature of the risks to customer safety inevitably created by the presence of animals."

Brad would not comment on the ruling; although he smiled up exiting the courthouse.

Posted by Webmaster at March 11, 2003 10:20 PM

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