Johnson v. T G & Y Stores Co.

McMurray, Presiding Judge.

Plaintiff and her husband brought an action against TG&Y Stores Company (“TG&Y”) and others seeking to recover damages resulting from injuries plaintiff wife allegedly sustained after she fell on the sidewalk outside a store owned and operated by TG&Y.

Upon defendants’ motion for summary judgment, the undisputed facts revealed that plaintiff wife was walking to defendant TG&Y’s store “between 1:30 and 2:00” during a sunny afternoon on April 13, 1986, when she tripped and fell on a “[s]lick and chipped up . . .” area of the sidewalk. In her deposition, plaintiff wife…