Question: set forth in your own words the facts of this...
Set forth in your own words the facts of this case.
The following facts were gleaned from documents the parties filed with the trial court in support of and in response to Wal-Mart’s motion for summary judgment, which included Wade’s discovery deposition and a video recording viewed by the court. (The vantage point of the video recording was from the roof of the store, which depicted a large portion of the parking lot.) ¶ 5 On November 3, 2009, at about 6:50 p.m., Wade parked her sport-utility vehicle (SUV) in the parking lot of the Wal-Mart store located in Savoy, Illinois. Wade exited the SUV on that clear, dry night and, accompanied by her two children (ages eight and nine at that time), walked through the parking lot to the store’s entrance. Wade, who wore leather boots with a one-inch heel, acknowledged that she did not have any difficulties walking or seeing the asphalt parking lot, which was illuminated by artificial lighting. Wade and her children then entered the store. ¶ 6 At approximately 7:33 p.m., Wade and her children returned to the SUV with a cart full of groceries. Wade described their demeanor as “laughing, being silly.” Wade again acknowledged that she did not have any difficulties seeing the parking lot surface as she walked to her SUV. After Wade unloaded the groceries into the SUV, she returned the empty shopping cart to the corral, which was located five parking spaces away and in an aisle across from Wade’s SUV. Wade then began “trotting” back to her SUV. When Wade was about six feet away from the SUV, her left foot fell into a pothole, which caused her left knee to hit the pavement. Wade “caught herself” with her left hand but suffered a broken foot as a result. Because Wade was not looking down, she did not see the pothole, which she described as a couple of feet long and a few inches deep. Wade acknowledged the possibility that if she had been looking down as she trotted back to her SUV, she could have avoided the pothole. (The video recording did not show Wade’s fall because her SUV blocked that portion of the asphalt.) ¶ 7 In November 2011, Wade sued Wal-Mart, seeking compensation for injuries she sustained as a result of her fall. In September 2014, Wal-Mart filed a motion for summary judgment under section 2-1005 of the Code, arguing that (1) it did not owe Wade a duty because the - 3 - pothole at issue was an open and obvious hazard and (2) the distraction exception to the open and obvious doctrine did not apply. Following a November 2014 hearing, the trial court granted summary judgment in Wal-Mart’s favor. ¶ 8 This appeal followed.