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MADDOX v. TOWNSEND AND SONS, INC.

No. 10-60330.

639 F.3d 214 (2011)

Tony MADDOX; Kathy Maddox, Plaintiffs-Appellants, v. TOWNSEND AND SONS, INCORPORATED, doing business as Sunflower Store, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 2011.

Attorney(s) appearing for the Case

Hal H.H. McClanahan, III (argued), Columbus, MS, for Plaintiffs-Appellants.

Ronald Lamar Roberts (argued), Christopher James Latimer , Mitchell McNutt & Sams, P.A., Columbus, MS, for Defendant-Appellee.

Before KING, DAVIS and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

In this premises liability suit, the plaintiffs Tony and Kathy Maddox appeal from the summary judgment granted to the defendant, Townsend & Sons, Inc. We REVERSE and REMAND.

FACTUAL AND PROCEDURAL HISTORY

Twice a week for eight months, Tony Maddox made deliveries to a grocery store owned by Townsend & Sons in Columbus, Mississippi. On September 26, 2005, he wheeled his delivery cart up a ramp to the top...

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