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WAGNER v. WINN-DIXIE

79-684.

399 So.2d 295 (1981)

Vicki WAGNER v. WINN-DIXIE, a corporation.

Supreme Court of Alabama.

May 29, 1981.

Attorney(s) appearing for the Case

James R. Cooper, Jr. of Cooper & Cooper, Montgomery, for appellant.

John B. Givhan of Albrittons & Givhan, Andalusia, for appellee.

TORBERT, Chief Justice.

Vicki Wagner and her husband, Billy Wagner, were shopping in the Winn-Dixie store in Andalusia, Alabama on July 14, 1978. While in the area of the produce and frozen food displays, Mrs. Wagner slipped and fell. All witnesses agreed that immediately after her fall, there were skid marks on the floor and a potato was observed lying near her feet. Witnesses for the plaintiff, however, testified that one end of the potato was "squooshed" and the...

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