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KROGER CO. v. PERSLEY

No. 01-06-00567-CV.

261 S.W.3d 316 (2008)

The KROGER COMPANY, Appellant, v. Sylvia R. PERSLEY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 10, 2008.

Attorney(s) appearing for the Case

Kelly Ann Dempsey, Brock C. Akers, Phillips & Akers, P.C., Mary Clauder, Houston, TX, for Appellant.

D. Matthew Freeman, David J. Coates, Matt Freeman & Associates, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, HANKS, and HIGLEY.

OPINION

GEORGE C. HANKS, JR., Justice.

Sylvia R. Persley, appellee, sued The Kroger Company and Blue Bell Creameries, Inc.1 after she slipped and fell in a Kroger store. The trial court entered final judgment against Kroger after a jury found Kroger 65% liable and Blue Bell 35% liable on Persley's negligent activity claim.

In four issues, Kroger argues that the final judgment was improper because (1) there is no evidence...

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