Winn Dixie Stores, Inc. v. Gerringer

OPINION ON REHEARING

Before JORGENSON, COPE and LEVY, JJ. PER CURIAM.

After hearing reargument, we withdraw the opinion dated July 5, 1989, and substitute the following:

Winn Dixie Stores, Inc., the defendant in a slip and fall case, appeals an adverse final judgment. Winn Dixie contends that the trial court erred by allowing the plaintiff, Joseph Gerringer, to use denials of several requests for admissions to impeach the testimony of Winn Dixie’s store manager. We agree and reverse.

During pretrial proceedings, the plaintiff served requests for admissions upon Winn Dixie which listed the wrong…