Martin v. Po-Jo, Inc.

Plaintiff appeals from a final judgment order granting defendant’s motion to dismiss its complaint for personal injuries based on negligence. The motion to dismiss was pursuant to the material portions of 111 Rev Stats 1967, c 110, § 48. 1

The single issue raised is whether the pleadings disclose a material and genuine disputed question of fact.

The complaint alleges in substance that on January 8th, 1966, plaintiff entered defendant’s store to purchase foodstuffs, and while there, due to defendant’s negligence, she sustained injury to her person. A jury demand was filed. Defendant filed a…