Phar-Mor, Inc. v. Goff

594 So. 2d 1213 (1992)

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Phar-Mor, Inc. v. Goff

Alabama Supreme Court
594 So. 2d 1213 (1992)

SC

Facts

Edna Goff (plaintiff) fell in a store owned by Phar-Mor, Inc. (defendant). Goff sued Phar-Mor for negligence, alleging that the display case over which she tripped had been set up in a dangerous condition. Goff called the store manager, Michael Broughton, as an adverse witness. Broughton testified that the display case was set up in accordance with the manufacturer’s instructions and that he was not aware of any display cases being set up upside down at the store. The trial court permitted Goff to introduce photographs of the store taken at the time of trial. These photographs showed display cases set up upside down on top of pallets, which lessened the possibility of someone tripping. The court ruled in Goff’s favor. Phar-Mor appealed, arguing that introduction of the photographs was improper.

Rule of Law

Issue

Holding and Reasoning (Ingram, J.)

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