Hardy v. Southland Corp.

BROSKY, Judge.

This is an appeal from an order denying appellant’s motion for removal of non-suit and granting of a new trial. Appellant raises one issue, whether the court erred in granting non-suit on the basis of the assumption of the risk defense. We reverse and remand.

Appellant brought suit to recover damages for an injury sustained at a 7-Eleven store owned by appellees. According to appellant’s testimony she entered appellees’ store on a day it had been raining, stepped onto a floor mat located just inside the doorway and, on her first step off the mat, fell on' the linoleum floor.…