Hale v. KROGER LTD. PARTNERSHIP I

28 So.3d 772 (2009)

Shirley P. HALE

v.

KROGER LIMITED PARTNERSHIP I.

2071237.

Court of Civil Appeals of Alabama.

July 2, 2009.

Certiorari Denied August 21, 2009

Alabama Supreme Court 1081369.

Patrick O. Miller and Timothy P. Pittman of Dick Riggs Miller LLP, Huntsville, for appellant.

John P. Burbach and Travis S. Jackson of Sirote & Permutt, P.C., Huntsville, for appellee.

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This court's opinion of March 6, 2009, is withdrawn, and the following is substituted therefor.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