Simmons v. Sears, Roebuck and Co.

OPINION

COOPER, Justice.

This is an action to recover damages for injuries sustained by plaintiff, Bobby E. Simmons, in a fall on steps located on premises of the defendant, Sears, Roebuck and Company. The trial court directed a verdict for the defendant at the close of the plaintiffs’ proof. A divided Court of Appeals affirmed. We granted an appeal to determine whether the evidence, when considered in the light most favorable to the plaintiffs, makes out a prima facie case of liability against the defendant. From our review of the record, we are of the opinion that it does and that it was…