Flanagan v. Malsby

Bell, Presiding Judge.

Defendant took this appeal from the denial of his motion for summary judgment in a suit to recover for injuries sustained when plaintiff slipped and fell in defendant’s barber shop. It appeared that the floor of the shop was a grey tile mottled with streaks of white and black and the coloring of the floor camouflaged hair clippings, which defendant knew were present on the floor. Plaintiff, who used a walking cane, descended from the barber chair, and the floor where he was then standing appeared to be clean. As he turned to leave the shop, the rubber tip of his walking…