A Maryland federal judge has allowed a slip-and-fall suit against Lowe’s to press on, denying the home improvement store’s motion for summary judgment as the parties remain in dispute if a customer saw a bag of soil on the ground before tripping over it.

Lowe’s argued that the customer, Dorothy Villa, was contributorily negligent because allegedly she knew of the bag of soil on the ground before she tripped on it, while Villa testified that she never saw the bag, creating an issue of material fact best left for a jury to decide, U.S. Magistrate Judge Ajmel A. Quereshi of the District of Maryland held.