This section contains the nature of the case and procedural background.

P was shopping at D. While walking through the ladies' apparel department on her way to the front of the store, P stepped on an unidentified substance, thought to be a cookie, causing her to injure her back and knee. P filed suit against D and two employees, Andrew Lightsey, Wal-Mart's manager, and Jane Doe. Ds moved for summary judgment. P failed to produce any proof that the object which caused her injury was the result of an affirmative act by Ds. P did not know how the cookie came to be on the floor. D employees who were deposed stated that they too did not know how the cookie got on the floor. No proof was offered that Ds had actual knowledge of the cookie's being on the floor. The court granted the motion, and P appealed.

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