Williams v. Kroger Food Co.

Although the issue presented by the instant appeal is relatively simple, namely whether the trial court abused its discretion by dismissing plaintiffs’ cause of action and denying a subsequent motion for reinstatement, a detailed recital of the facts is necessary for a proper resolution of the question.

On February 24, 1968, plaintiff Jeannie Williams allegedly slipped and fell while shopping in a grocery store operated by the defendant. Plaintiffs brought suit seeking damages for $30,000 and asserting that the defendant was guilty of negligence by failing to maintain the floor of the store in…