Jones v. National Supermarkets, Inc.

KAROHL, Judge.

Plaintiff as a customer in defendant’s grocery store sustained personal injuries when he tripped against a free standing wrought iron cookie display rack placed in the aisle of defendant’s grocery store. Defendant appeals a judgment in favor of plaintiff in accord with jury verdict awarding damages and assessing 100% of fault to defendant.

For two related reasons defendant contends that plaintiff failed to make a sub-missible case. It first argues that the cookie rack as positioned in the aisle did not constitute a dangerous condition and, second, it contends that the condition…