Hampton v. Bruno's, Inc.

On Application for Rehearing

KENNEDY, Justice.

The opinion of January 28, 1994, is withdrawn and the following is substituted therefor.

This is a failure of proof case — nothing more, nothing less.

Robert Hampton sued Bruno’s, Inc., d/b/a Consumer Warehouse Foods (hereinafter “Bruno’s”), alleging negligence and wantonness; he claimed to have fallen after slipping on a liquid on the floor of a store operated by Bruno’s. At the hearing on the defendant’s motion for summary judgment, Hampton sought to admit an accident report prepared by a Bruno’s employee; Hampton argued that it was admissible…