FRED'S DEPARTMENT STORE v. PASCHAL

2040099.

923 So.2d 1125 (2005)

FRED'S DEPARTMENT STORE v. Rosa Faye PASCHAL.

Court of Civil Appeals of Alabama.

Certiorari Denied September 9, 2005.


Attorney(s) appearing for the Case

Tracy N. Hendrix of Gaines, Wolter & Kinney, P.C., Birmingham, for appellant.

Timothy L. Dillard of Dillard & Associates, L.L.C., Birmingham, for appellee.


Alabama Supreme Court 1041674.

CRAWLEY, Presiding Judge.

Rosa Faye Paschal ("the customer") sued Fred's Department Store ("the store"), alleging that, as a result of the store's negligent or wanton failure to maintain its business premises in a safe condition, she was injured when she tripped and fell in an aisle of the store. The store answered, denying the customer's allegations and asserting the affirmative defenses of open-and-obvious hazard and contributory...

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