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HILL v. WINN DIXIE TEXAS, INC.

No. D-2272.

849 S.W.2d 802 (1992)

Kerry HILL, Petitioner, v. WINN DIXIE TEXAS, INC., Respondent.

Supreme Court of Texas.

Rehearing Overruled March 31, 1993.

Dissenting Opinion on Motion for Rehearing March 31, 1993.

Attorney(s) appearing for the Case

James T. Womack, G.R. Akin, Longview, for petitioner.

J. Gene Bailey, Longview, for respondent.

Dissenting Opinion of Justice Hecht on Motion for Rehearing March 31, 1993.

OPINION ON DENIAL OF APPLICATION FOR WRIT OF ERROR

MAUZY, Justice.

At issue is whether the submission of an unavoidable accident instruction was proper under the circumstances of this case. We hold that it was not, but that its submission did not constitute reversible error.

Kerry Hill slipped and fell on a cookie while inside a Winn Dixie store. At the time of Hill...

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