Kroger Co. v. Persley

OPINION

GEORGE C. HANKS, JR., Justice.

Sylvia R. Persley, appellee, sued The Kroger Company and Blue Bell Creameries, Inc. 1 after she slipped and fell in a Kroger store. The trial court entered final judgment against Kroger after a jury found Kroger 65% hable and Blue Bell 35% liable on Persley’s negligent activity claim.

In four issues, Kroger argues that the final judgment was improper because (1) there is no evidence to support the submission of a negligent activity claim as to Kroger to the jury, (2) the evidence is factually insufficient to support the submission of a negligent activity…