Tharp v. Tharp

MONTGOMERY, Judge.

Denver C. Tharp fell in the home of his son, Edwin S. Tharp. The son and his wife were sued for damages in the sum of $21,568.45. The deposition of the plaintiff was taken in discovery. Summary judgment denying recovery was entered.

At the time of the fall, appellant was about eighty years of age and was visiting in the home of appellees. His son and daughter-in-law were absent from the home. Appellant decided to take a small box of personal articles to the basement. He was familiar with the basement and its stairway. The basement floor was covered with dark and light colored…