KROGER CO. v. CELLAN

No. 1061.

560 S.W.2d 505 (1977)

KROGER COMPANY, Appellant, v. Ellen CELLAN, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied January 19, 1978.


Attorney(s) appearing for the Case

James S. Maxwell, Seay, Gwinn, Crawford, Mebux & Blakeney, Dallas, for appellant.

James R. Fry, Nance, Caston, Duncan, Green, Stagner, Fry & Pelley, Sherman, for appellee.


McKAY, Justice.

After consideration of appellant's motion for rehearing, we withdraw our earlier opinion delivered on November 17, 1977, and substitute this opinion in lieu thereof.

This is a personal injury case arising from a fall by appellee in appellant's parking lot. Trial was before a jury which found appellant guilty of negligence which proximately caused appellee's injuries, and judgment was rendered for appellee for damages for pain and suffering...

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