DOBBINS v. UNITED SUPER MARKETS

No. 8812.

556 S.W.2d 387 (1977)

Elizabeth DOBBINS, Appellant, v. UNITED SUPER MARKETS, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied October 17, 1977.


Attorney(s) appearing for the Case

Brown & Brown, Phillip S. Brown, Lubbock, for appellant.

Crenshaw, Dupree & Milam, Cecil C. Kuhne, Lubbock, for appellee.


REYNOLDS, Justice.

In this venue phase of a negligence action, defendant's plea of privilege was sustained when the trial court determined that plaintiff failed to prove the existence of a duty on the part of defendant concerning a premise condition which was open and obvious to plaintiff. By this appeal, plaintiff contends that she met her burden of proof because the enactment of the comparative negligence statute abolished the "no duty" concept of assumed risk,...

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