Food Fair, Inc. v. Mock

I dissent from the ruling of the majority for several basic reasons, any of which are sufficient reasons for requiring the affirmance of the trial judge in his denial of the defendant’s motion for summary judgment.

1. The evidence consisting of depositions of plaintiff taken for purposes of discovery and the affidavits of the manager and assistant manager of the defendant grocery store, all introduced by the defendant, make an issue of fact as to whether plaintiff slipped on something on the floor of the defendant’s store, the only area of plaintiffs case which defendant sought to disprove or…