Asaro v. Kmart, Inc.

PITTMAN, Judge.

This case is before us for a second time on appeal, from a complaint filed by Amy Asaro against Kmart, Inc., and Billie Stonecypher. For a procedural history and underlying facts of the case, see Kmart, Inc. v. Asaro, 751 So.2d 513 (Ala.Civ.App.1999). In that opinion, we reversed the trial court’s judgment and remanded the case for a new trial. The only claim in the complaint by Asaro to survive the appeal was the fraud count, which was scheduled for trial on December 4, 2000. At the conclusion of the testimony and evidence presented by Asaro, Kmart made a motion for a judgment…