PARKS-NIETZOLD v. J.C. PENNEY, INC.

No. A97A0525.

490 S.E.2d 133 (1997)

227 Ga. App. 724

PARKS-NIETZOLD et al., v. J.C. PENNEY, INC.

Court of Appeals of Georgia.

Reconsideration Denied July 29, 1997.


Attorney(s) appearing for the Case

Diane M. Zimmerman & Associates, Charles P. Taylor, Warner Robins, for appellants.

Anderson, Walker & Reichert, Robert A.B. Reichert, Macon, for appellee.


SMITH, Judge.

Patricia Parks-Nietzold and her husband brought suit against J.C. Penney, Inc. to recover damages for personal injury incurred by Parks-Nietzold in the restroom of a J.C. Penney store. The trial court granted the store's motion for summary judgment, and plaintiffs appeal.

Parks-Nietzold testified at her deposition that on the date of the incident, she entered the only available stall in the ladies' restroom of the store. She had never been in...

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