Simon v. Akin

OPINION

CHAVEZ, Chief Justice.

Appellants Rose and Dave Simon brought an action against appellee Dell Akin, d/b/a ‘Dell’s Restaurant, to recover damages for personal injuries sustained by Rose Simon in a fall in Dell’s Restaurant. Upon appellee’s motion at the close of appellants’ case, the trial court directed a verdict for appellee and the Simons appeal.

In their complaint, appellants alleged that Mrs. Simon, while a business invitee in appellee’s restaurant, when trying to sit down in one of the chairs having chrome legs, on a slippery stone floor, that the chair slipped from under her,…