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BRUNO'S SUPERMARKETS, INC. v. MASSEY

2020520.

914 So.2d 862 (2005)

BRUNO'S SUPERMARKETS, INC. v. Dorothy MASSEY.

Court of Civil Appeals of Alabama.

Certiorari Denied June 10, 2005.

Attorney(s) appearing for the Case

Ralph D. Gaines III and Ronald J. Gault of Gaines, Wolter & Kinney, P.C., Birmingham, for appellant.

Brenda L. Harrell and M. Shane Lucado of Shelby, Roden & Cartee, P.C., Birmingham, for appellee.

Alabama Supreme Court 1040842.

On Application for Rehearing

MURDOCK, Judge.

This court's opinion of March 26, 2004, is withdrawn, and the following is substituted therefor.

Bruno's Supermarkets, Inc. ("Bruno's"), appeals from an order entered by the Jefferson Circuit Court granting the plaintiff Dorothy Massey's motion for a new trial. We reverse and remand.

On December 18, 2000, Massey, then 74 years old, was walking in the...

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