Kutalek v. Carson

ARCHER, Chief Justice.

This is an appeal from a summary judgment in favor of appellee, growing out of a suit for damages filed by appellant.

The appeal is based on two points assigned as error by the Trial Court in holding: that there was no material fact issues to be determined by a jury; and in granting a summary judgment based on the pleadings and evidence.

*358' The appellant instituted this suit against appellee, owner of Carson’s Restaurant, alleging that she fell on the entranceway as she was leaving the restaurant on September 16, 1960, at about 2:45 P.M., and alleged that appellee was…