Setzers Super Stores of Georgia, Inc. v. Higgins

On Motion for Rehearing.

Eberhardt, Judge.

It is true that plaintiff did amend her petition by striking therefrom paragraph numbered 22, in which it was alleged that “defendant, its store manager, agents, servants and employees knew of the presence of such foreign substance to wit, rice, on said floor, or they and it would have known of its presence had they and it exercised reasonable care in the premises” and substituted, as paragraph 22, an allegation that “defendant . . . knew of the presence of such loose rice on said floor, and he, they and it would have known of its presence by the use…