Pennington v. Sears, Roebuck & Co.

Opinion by

Judge CASEBOLT.

In this action to recover for injuries resulting from a slip and fall, defendant Sears, Roebuck & Company (Sears), appeals from a judgment entered in favor of plaintiff, Dorothy Pennington. We reverse and remand for a new trial.

Pennington alleged in her complaint that, after a large snowfall, she slipped and fell in a puddle of water inside Sears’ store. She asserted Sears was negligent and requested recovery for medical expenses, permanent bodily injury, pain and suffering, mental anguish, and loss of earning capacity.

Sears’ answer denied negligence and raised, as…