Johns v. Safeway Stores, Incorporated

WILSON, Judge.

In this slip and fall damage suit the trial court sustained the defendant’s demurrer to the plaintiff’s evidence and rendered judgment for Safeway. The plaintiff’s appeal asserts the trial court erred in not allowing a witness for the plaintiff to give his opinion as to what caused plaintiff to fall, and in sustaining the demurrer to plaintiff’s evidence.

The plaintiff, Sue Johns, testified she was 55 years of age and had shopped in defendant’s store for a number of years. That on a Saturday afternoon after she had been shopping in the store for about thirty minutes and was near…