Ziegler v. McCrory Corp.

BOLIN, Judge.

Plaintiff’s left little toe was broken by a can of peaches which fell from a rack located in the grocery section of a store operated by McCrory Corporation and insured by Continental Casualty Company. Plaintiff, alleging she was an invitee of the establishment and her injuries were caused by the negligence of McCrory or its employees, seeks recovery for her personal injuries and related special expenses. For reasons dictated into the record immediately at the conclusion of the trial, the district judge rejected plaintiff’s demands and she appeals. We affirm the judgment.

The…