Hester v. Kroger Co.

Carley, Presiding Judge.

As the result of injuries she sustained in a fall, appellant-plaintiff Mrs. Lucy M. Hester and her husband filed suit against appellee-defendant. Appellee answered and, after discovery, moved for summary judgment. The trial court granted summary judgment in favor of appellee and the instant appeal is taken from that order.

According to the allegations of the complaint, the fall had been caused by “the dangerous and defective condition of the asphalt adjacent to the entrance” to appellee’s store. In her deposition, appellant testified that, as she exited appellee’s…