Miller v. Payless Drug Stores of Washington, Inc.

Appellant, plaintiff below, brought an action for injuries sustained when she slipped and fell to the floor of defendant’s store. At the close of the evidence, defendant challenged the sufficiency. The challenge was upheld, and judgment of dismissal accordingly entered. Plaintiff appeals.

At the time of the fall, appellant was a strong, active woman of 62 years of age and had been employed for many years as a practical nurse. She was, on this occasion, wearing a whipcord skirt and shoes which could readily be classified as “sensible.” At least, no issue was made that the shoes were improper.…