McDonald v. Smitty's Super Valu, Inc.

OPINION

FIDEL, Judge.

Plaintiff Virginia L. McDonald appeals from the trial court’s dismissal by summary judgment of her claims of negligence against the defendant. The main issue on appeal is whether the trial court erroneously ruled the doctrine of res ipsa loquitur inapplicable.

Facts

The facts are undisputed. Plaintiff entered a store owned by defendant Smitty’s Super Valu, Inc., on November 18, 1983, to drink a cup of coffee. She took a seat on a counter stool perched on a supporting pole. As she sat at the counter for fifteen or twenty minutes, she noticed nothing abnormal about the stool.…