Shepherd v. Gardner Wholesale, Inc.

McCALL, Justice.

The appellant, Roxie Shepherd’s, action against the appellee, Gardner Wholesale, Inc., an Alabama corporation, is in simple negligence for alleged serious physical injuries that she suffered in a fall. While a pedestrian on a public sidewalk, she tripped on a raised concrete slab that formed the foundation of a business building of the appellee Gardner Wholesale, Inc., that abutted the sidewalk at a street corner. The evidence is in dispute as to whether or not the raised slab extended onto the public sidewalk.

The jury returned a verdict in favor of the appellee Gardner…