Grider v. Grider

I respectfully dissent. The majority has allowed the trial judge to decide what should be presented to the jury.

This Court has recently held in Bogue v. R M Grocery,553 So.2d 545 (Ala. 1989), that a business invitee was owed a duty by the business invitor to exercise reasonable care in maintaining the premises in a reasonably safe condition. We wrote:

"Once it has been determined that the duty owned to an invitee has been breached, questions of contributory negligence, assumption of the risk, and whether the plaintiff should have been aware of the defect, are normally questions for the jury."

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