Kroger Company v. Michaels

Sognier, Judge.

Sharon Lynn Michaels brought an action against The Kroger Company to recover damages for injuries suffered when she slipped and fell in a Kroger store. The jury returned a verdict in Michaels’ favor for $3,000, which Michaels appealed to this court. This court reversed and remanded for new trial. Michaels v. Kroger Co., 172 Ga. App. 280 (322 SE2d 903) (1984). Before retrial, Michaels voluntarily dismissed her action pursuant to OCGA § 9-11-41 (a). When the renewal action was filed, Kroger answered asserting that all costs of the prior action had not been paid pursuant to OCGA §…