Buford v. Kroger Co.

MILLER, Judge.

Plaintiffs Buford and Mateline Dauzat appeal the judgment dismissing their claims against defendant Kroger Company and its insurer defendant North American Insurance Company of North America for damages resulting when cans in a display fell on Mrs. Dauzat. We affirm.

At about 2 p. m. on Tuesday August 13, 1974, a day of small traffic count in Kroger’s, two twenty-four can cartons of 12 oz. Canada Dry soft drinks fell from a display in the front portion of Kroger’s store. The cans were not bound together to make six or twelve packs. The cans were in trays or cut down cartons, and…