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WINDEGUTH v. NATIONAL SUPER MARKETS, INC.

No. 5-89-0622.

201 Ill. App.3d 35 (1990)

558 N.E.2d 548

ELIZABETH WINDEGUTH, Plaintiff-Appellee, v. NATIONAL SUPER MARKETS, INC., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed July 18, 1990.

Attorney(s) appearing for the Case

James A. Gottschalk, of St. Louis, Missouri, for appellant.

James R. Moore, of Carterville, for appellee.

Judgment affirmed.

JUSTICE HOWERTON delivered the opinion of the court:

Plaintiff slipped and fell on a grape in defendant's grocery store. Plaintiff alleged that defendant was negligent in failing to: (1) keep the "floor area clean and free of produce and debris"; (2) place "sufficient mats or other nonskid surfaces in the aisle"; and (3) "give adequate warning of the hazard to plaintiff."

Plaintiff withdrew the first claim of negligence by agreeing...

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