Torts Keyed to Dobbs
Thoma v. Cracker Barrel Old Country Store
Appellant claimed to have suffered a back injury when she fell in a Cracker Barrel Restaurant in September, 1990. After eating breakfast, Thoma was walking away from her table when her left foot slid out from under her. She fell in the middle of a common aisle, near the passage from the kitchen to the restaurant. When Thoma got up, she noticed that area in which she fell was wet, covered in a small puddle of clear liquid. She contends the liquid was what caused her fall. Thoma was in the restaurant about thirty minutes prior to her accident, and during that time, she did not see anyone spill any liquid on the floor where she fell. She alleged that Cracker Barrel was negligent in failing to maintain the floor in that particular area of the restaurant.
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