Russell v. Sam Solomon Co.

VAUGHN, Judge.

Two issues are brought for our review: whether Underwood’s testimony concerning the statements and actions of defendant’s employee should have been excluded and whether a directed verdict should have been granted to defendant. We answer both questions in the negative and reverse.

The following portions of Underwood’s testimony were especially relevant to plaintiff’s case:

The shelving I was shown was not a counter top as this. It was just open on the front and back. It was only three shelves on it when I saw it. It was glass shelving. ... Of course, the top piece was missing or…