Dobbins v. United Super Markets

REYNOLDS, Justice.

In this venue phase of a negligence action, defendant’s plea of privilege was sustained when the trial court determined that plaintiff failed to prove the existence of a duty on the part of defendant concerning a premise condition which was open and obvious to plaintiff. By this appeal, plaintiff contends that she met her burden of proof because the enactment of the comparative negligence statute abolished the “no duty” concept of assumed risk, but, if not, she did not have the burden to negate “no duty” for venue purposes. Defendant’s counter contention is that damages…