Magee v. Schwegmann Giant Super Markets, Inc.

h MURRAY, Judge.

Schwegmann Giant Super Markets, Inc. (Schwegmann) appeals a judgment awarding Carolyn Magee $3,627.00 plus interest and costs. While shopping at the Schwegmann supermarket on Bullard Avenue, Mrs. Magee slipped and fell. She filed suit and the case was tried to the court. At the close of Mrs. Magee’s case, Schwegmann moved for involuntary dismissal on the basis that she had failed to prove that Schwegmann had constructive notice of the condition that caused her to fall. When the trial court denied the motion, Schwegmann rested without calling any witnesses. The court then…