Lolmaugh v. T.O.C. Retail, Inc.

Birdsong, Presiding Judge.

Appellant Kathryn Lolmaugh appeals the trial court’s order granting appellee T.O.C. Retail’s motion for judgment notwithstanding mistrial.

Appellant drove to a Magic Market to get gas. She stood near the pump; the clerk inside the store waved and activated the gas pump. After pumping several dollars worth of gas, appellant entered the market. It is disputed whether she asked the clerk (who was talking on the phone to her manager) for merely a package of cigarettes and gave the brand name or stated she “also needed” a package of cigarettes. Appellant then handed the…