SMITH, Judge.
Patricia Parks-Nietzold and her husband brought suit against J.C. Penney, Inc. to recover damages for personal injury incurred by Parks-Nietzold in the restroom of a J.C. Penney store. The trial court granted the store's motion for summary judgment, and plaintiffs appeal.
Parks-Nietzold testified at her deposition that on the date of the incident, she entered the only available stall in the ladies' restroom of the store. She had never been in...
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