Long v. Smith Food King Store

CROCKETT, Justice.

Plaintiff, George A. Long, sued for injuries suffered when he slipped and fell on a piece of pumpkin pie on the floor of de fendant’s store at Washington Terrace in South Ogden. On the basis of the pleadings and depositions, the court granted defendant’s motion for summary judgment on the ground that upon the undisputed-facts the plaintiff could show no basis for recovery. Plaintiff appeals, arguing that there are disputed issues of fact which if resolved in his favor would entitle him to recover.

On the evening of November 26, 1969, the defendant’s supermarket was giving…