Buehler

Mary H. Buehler appeals after summary judgment in a slip-and-fall case was granted in favor of respondent, Alpha Beta Company. The trial court determined (1) that respondent had established a prima facie defense of no liability based on the lack of any defective condition as to the floor, and (2) that appellant failed to file a separate statement of disputed material facts which, by itself, constituted a basis for the summary judgment. We affirm.

Facts

As appellant alleged in her complaint filed on August 14, 1987, while appellant was in the Alpha Beta supermarket in Glendale on August 16, 1986, she slipped and fell “on an unknown substance or an improperly waxed floor.” Respondent’s answer to the complaint denied any negligence and, in part, asserted appellant’s contributory negligence as a defense.

On February 18, 1988, the parties deposed Robin Parker, a customer at the Alpha Beta store who was an eyewitness to the accident. Parker was shopping in the same aisle as appellant and was standing approximately five feet from appellant. Appellant, a thin, 84-year-old woman, was walking toward the front of the store. She was carrying several items in her hands and was not…