Smith v. Mr. D's, Inc.

The opinion of the court was delivered by

O’Connor, J.:

This is an action to recover damages for personal injuries alleged to have been sustained by the plaintiff (appellee) when as a customer in the defendant’s (appellant’s) self-service grocery store she slipped on a piece of lettuce and fell. The jury returned a verdict in favor of plaintiff, and the defendant has appealed from the judgment entered thereon, contending there was no substantial, competent evidence to support the verdict on the issue of liability.

In examining defendant’s contention, which is the principal question for our…