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WAL-MART STORES, INC. v. JENKINS

No. 98-3231.

739 So.2d 171 (1999)

WAL-MART STORES, INC., Appellant, v. Onez B. JENKINS, Appellee.

District Court of Appeal of Florida, Fifth District.

August 25, 1999.

Attorney(s) appearing for the Case

Vincent M. D'Assaro and Kenneth B. Rugh of D'Assaro & Hall, P.A., Orlando, for Appellant.

James L. Rose and Paul E. Rice, Jr. of Rice, Rose & Snell, P.A., Daytona Beach, for Appellee.

PER CURIAM.

Wal-Mart Stores, Inc. appeals a final judgment in favor of Onez B. Jenkins. Jenkins sued Wal-Mart for negligence alleging that she slipped and fell in its Orange City store as a result of a foreign substance on the floor. Her cause of action depended upon her self-serving testimony that, within seconds of her falling, a number of people gathered around her and she heard an unidentified voice, which she thought to be female, say, "This should have been...

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