S. H. Kress & Co. v. Evans

DE CONCINI, Justice.

From a $5,000.00 judgment as a result of a jury verdict in favor of Maude Evans, plaintiff, the defendant S. H. Kress & Company appeals. The facts briefly stated are, that on October 30, 1941, the plaintiff while walking in the store of the defendant located in Tucson, Arizona, either slipped and turned her ankle or turned her ankle and fell to the floor. She was seriously injured by having her hip fractured, and a resulting “foot drop.” She spent eight weeks in the hospital and was on crutches for seven months. The only point in dispute was the condition of the floor, i.…