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GLAESMAN v. SHOP-RITE FOODS, INC.

No. 259-70.

438 F.2d 341 (1971)

Guyla Carle GLAESMAN, Plaintiff-Appellee, v. SHOP-RITE FOODS, INC., a New Mexico corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 1, 1971.

Attorney(s) appearing for the Case

John R. Couch, Oklahoma City, Okl. (Pierce, Duncan, Couch & Hendrickson, Oklahoma City, Okl., of counsel, on the brief) for defendant-appellant.

Githen K. Rhoads, of Rhoads, Ashton & Johnson, Lawton, Okl., for plaintiff-appellee.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and BRATTON, District Judge.

PER CURIAM.

It is somewhat difficult to understand why this appeal reaches us. In 1967, Shop-Rite, the operator-lessee of a food store, brought suit against its landlord alleging that the parking lot on the leased premises was in a dangerous state of disrepair and asserting a duty on the landlord to remedy the condition. In 1969, plaintiff Glaesman, a regular customer of Shop-Rite, slipped and fell in the parking lot which had remained unrepaired.

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