Hale v. KROGER LTD. PARTNERSHIP I

On Application for Rehearing.

MOORE, Judge.

This court’s opinion of March 6, 2009, is withdrawn, and the following is substituted therefor.

Shirley P. Hale appeals from a summary judgment entered by the Madison Circuit Court (“the trial court”) in favor of Kroger Limited Partnership I in a slip-and-fall action. We affirm.

Procedural History

On April 6, 2007, Hale sued Kroger, seeking damages for personal injuries he alleged he had received when he slipped and fell on spilled baby food in a store owned and operated by Kroger. Hale claimed that his injuries had resulted from the negligence and/or…