Pennington v. Zayre Corp.

Littlejohn, Justice.

This is an action to recover damages for personal injuries sustained when the plaintiff slipped and fell in a department store operated by the defendant. At the conclusion of the plaintiff’s case, the lower court granted the defendant’s motion for an involuntary nonsuit holding that negligence had not been proved. This appeal is brought by the plaintiff from the decision of the lower court on the nonsuit.

The defendant’s store is a large retail establishment, primarily of the self-service type, with the customers selecting their own purchases and collecting them in shopping…