Smith v. Safeway Stores, Inc.

MOORE, Justice.

Appellant, Deborah Smith, a minor, acting by and through her next friend, Rube Smith, brought suit against Safeway Stores, Inc. for damages for personal injuries allegedly received by her when a stack of milk crates allegedly fell against her while shopping in appellee’s store.

The cause was submitted to a jury. In response to Special Issue No. 1, inquiring as to whether or not appellant sustained bodily injuries as a result of being struck by the milk crates, the jury answered “We do not.” Since all subsequent issues were conditioned upon an affirma tive finding to Special…