J. Weingarten, Inc. v. Tripplett

KEITH, Justice.

Our opinions of October 16, 1975, are hereby withdrawn and the following is substituted in lieu thereof.

This is the second appeal in a slip and fall case, this court, in an unpublished opinion, having reversed the judgment of the trial court upon the first appeal. Upon the second trial the pleadings were identical and the evidence substantially the same except for the testimony of one expert witness offered by the plaintiff.

Each special issue necessary for plaintiff’s recovery was answered in her favor, and the judgment followed the verdict. Defendant assails the judgment with…