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SOUTHERN FLOORS AND ACOUSTICS v. MAX-YEBOAH

Record Nos. 031097, 031140.

594 S.E.2d 908 (2004)

267 Va. 682

SOUTHERN FLOORS AND ACOUSTICS, INC. v. Anthony MAX-YEBOAH. Food Lion, Inc. v. Anthony Max-Yeboah, et al.

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

Jeannie P. Dahnk (Glover & Dahnk, on brief), for appellant (Record No. 031097).

Robert P. Dwoskin, Charlottesville, for appellee (Record No. 031097).

James F. Neale, Charlottesville (Amy M. Pocklington, Richmond; McGuireWoods, on brief), for appellant (Record No. 031140).

Robert P. Dwoskin, Charlottesville, for appellee Anthony Max-Yeboah (Record No. 031140).

Present: All the Justices.

LEMONS, Justice.

In this appeal, we consider whether a customer who is injured by tripping over a stack of floor tiles in a grocery store where the floor is being re-tiled is contributorily negligent as a matter of law and, if not, whether both the independent contractor installing the new floor and the store owner can be held liable to the customer for his injuries.

I. Facts and Proceedings Below

Anthony Max-Yeboah ("Max-Yeboah") tripped over a...

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