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Alexander v. Town Country Discount Foods

Supreme Court of Arkansas
Mar 28, 1994
316 Ark. 446 (Ark. 1994)

Summary

explaining in case where plaintiff tripped and fell over a mat as she was entering defendant's store that the doctrine of res ipsa loquitur does not apply in slip-and-fall cases

Summary of this case from Daniels v. Walgreen Co.

Opinion

93-1181

Opinion delivered March 28, 1994

TORTS — SLIP FALL CASES — RES IPSA LOQUITUR NOT APPLICABLE. — The doctrine of res ipsa loquitur is not applicable to slip and fall cases; the reason the doctrine is not applicable to slip and fall cases is that the sole cause of the injury is not necessarily a negligent act by the defendant, there are possibilities of negligence by third parties as well as the plaintiff.

Appeal from Baxter Circuit Court; Robert McCorkindale, II, Judge; affirmed.

Carney Cooper, Law Firm, P.A., by: Mark F. Cooper, for appellant.

Snellgrove, Laser, Langley Lovett, by: P. Sanders Huckabee, for appellee.


The plaintiff tripped and fell over a mat as she was entering defendant's store. The trial court granted a summary judgment in favor of the defendant. The plaintiff appeals and states:

The fact that res ipsa loquitur may not have been applied to slip and fall cases in the past should not preclude this court from now reversing, changing or perhaps modifying previous Arkansas law and holding that the doctrine of res ipsa loquitur from this point forward will apply in slip and fall cases.

The court of appeals certified the case to this court. We affirm the summary judgment.

We have often held that the doctrine of res ipsa loquitur is not applicable to slip and fall cases. Mankey v. Wal-Mart Stores, Inc., 314 Ark. 14, 858 S.W.2d 85 (1993); Safeway Stores, Inc. v. Willmon, 289 Ark. 14, 708 S.W.2d 623 (1986); Haggans v. Jonesboro Cable TV, Inc., 252 Ark. 191, 477 S.W.2d 840 (1972); Miller v. F.W. Woolworth Co., 238 Ark. 709, 384 S.W.2d 947 (1964). The reason the doctrine is not applicable to slip and fall cases is that the sole cause of the injury is not necessarily a negligent act by the defendant. There are possibilities of negligence by third parties as well as the plaintiff.

Affirmed.


Summaries of

Alexander v. Town Country Discount Foods

Supreme Court of Arkansas
Mar 28, 1994
316 Ark. 446 (Ark. 1994)

explaining in case where plaintiff tripped and fell over a mat as she was entering defendant's store that the doctrine of res ipsa loquitur does not apply in slip-and-fall cases

Summary of this case from Daniels v. Walgreen Co.
Case details for

Alexander v. Town Country Discount Foods

Case Details

Full title:Margaret ALEXANDER v. TOWN AND COUNTRY DISCOUNT FOODS, INC

Court:Supreme Court of Arkansas

Date published: Mar 28, 1994

Citations

316 Ark. 446 (Ark. 1994)
872 S.W.2d 390

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