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WHITELY v. FOOD GIANT, INC.

2960036.

693 So.2d 502 (1997)

Carlton WHITELY v. FOOD GIANT, INC.

Court of Civil Appeals of Alabama.

March 28, 1997.

Attorney(s) appearing for the Case

David McKnight and Donald R. James, Jr., of Baxley, Dillard, Dauphin & McKnight, Birmingham, for Appellant.

John W. Clark, Jr., and David W. McDowell of Clark & Scott, P.C., Birmingham, for Appellee.

MONROE, Judge.

The plaintiff appeals from the trial court's judgment dismissing his case pursuant to Rule 12(b)(6), Ala.R.Civ.P.

The plaintiff, Carlton Whitely, alleged the following facts in his complaint: On February 1, 1995, Whitely, accompanied by his 12-year-old son, stopped at the Food Giant grocery store in Bessemer, Alabama. Whitley intended to use the pay telephone to call home to see if any groceries were needed. As Whitely approached the telephone...

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