Fred's Department Store v. Paschal

Rosa Faye Paschal ("the customer") sued Fred's Department Store ("the store"), alleging that, as a result of the store's negligent or wanton failure to maintain its business premises in a safe condition, she was injured when she tripped and fell in an aisle of the store. The store answered, denying the customer's allegations and asserting the affirmative defenses of open-and-obvious hazard and contributory negligence.

The case was tried to a jury. The store moved for a judgment as a matter of law ("JML") at the close of the customer's case-in-chief and again at the close of all the evidence.…