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COLLINS v. F. W. WOOLWORTH CO.

295 A.2d 732 (1972)

Robert COLLINS, Elizabeth Ann Collins, Plaintiffs Below, Appellants, v. F. W. WOOLWORTH CO., a New York corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

August 8, 1972.

Attorney(s) appearing for the Case

N. Maxson Terry, Jr., of Terry & Terry, Dover, for plaintiffs below, appellants.

John J. Schmittinger, of Schmittinger & Rodriguez, Dover, for defendant below, appellee.

Before CAREY and HERRMANN, JJ., and SHORT, Vice Chancellor.

PER CURIAM.

In this slip-and-fall negligence case, the Superior Court granted the defendant's motion for summary judgment.

Both the plaintiff and her husband testified on deposition that the floor of the defendant's store was slippery because of excess waxing and polishing which caused plaintiff to fall. The defendant's case on summary judgment purported to negate those contentions by the testimony of the defendant's maintenance personnel as to their routine...

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