Jones v. Safeway Stores, Inc.

(dissenting) :

The decision of the majority is, in my opinion, contrary to the law in this jurisdiction.1 Viewing the record in the light most favorable to the appellant as we are required to do,2 there appears substantial evidence from which the jury could have found, as it did, that appellee was negligent in the maintenance of its store and that the injuries complained of were the natural and probable consequences of such negligence.

The trial court was, during the trial, apparently of the same view as indicated by a verbal exchange between the court and appellee’s counsel in disposing of the…