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REKART v. SAFEWAY STORES, INC.

No. 390.

468 P.2d 892 (1970)

81 N.M. 491

Phyllis REKART, Plaintiff-Appellant, v. SAFEWAY STORES, INC., Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied April 16, 1970.

Attorney(s) appearing for the Case

Paul F. Sherman, Sherman & Sherman, Deming, for appellant.

R.E. Riordan and Neil E. Weinbrenner, Las Cruces, for appellee.

OPINION

WOOD, Judge.

A bottle of Pepsi Cola fell and cut plaintiff while she was a business invitee in defendant's store. She sued for personal injuries. The trial court granted defendant's motion for summary judgment. Summary judgment is not proper where there is the slightest issue as to a material fact. Perrv v. Color Tile of New Mexico, (Ct. App.), 81 N.M. 143, 464 P.2d 562, decided January...

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