Briones v. Levine's Department Store, Inc.

SMITH, Justice.

This suit for personal injuries received from tripping backwards over a power lawn mower, was brought by petitioner, Mrs. Luisa Briones, hereafter denominated plaintiff, against respondent, Levine’s Department Store, Inc., hereafter denominated defendant.

In a prior trial of this cause, the trial court granted a summary judgment for defendant. The Court of Civil Appeals reversed and remanded, holding that, viewing the evidence in the light most favor*8able to plaintiff, the allegations in the deposition testimony of plaintiff “ * * * are evidence of a dangerous condition not open…