GREEN v. WAL-MART STORE NO. 863, INC.

89-705.

569 So.2d 349 (1990)

Mary Jim GREEN v. WAL-MART STORE NO. 863, INC.

Supreme Court of Alabama.

September 21, 1990.


Attorney(s) appearing for the Case

John A. Tinney, Roanoke, for appellant.

James A. Campbell, Anniston, for appellee.


PER CURIAM.

Because we find no evidence to create an issue of fact with respect to the plaintiff's fraud claim, we affirm the defendant's summary judgment on that claim.

As to the negligence claim, while we agree that the trial court properly declined to consider the evidence offered by the plaintiff in opposition to the defendant's summary judgment motion (because it was untimely), we find ample evidence in the plaintiff's deposition, offered by the defendant...

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