Safeway Stores, Inc. v. Criner

1 February 2, 1961, the defendant in error, Alma Jean Criner, hereinafter referred to as plaintiff, filed her petition against the plaintiff in error, hereinafter referred to as defendant, in the Court of Common Pleas of Tulsa County, Oklahoma, in which she sought the recovery of damages for personal injuries alleged to be due to defendants negligence. The petition stated in substance that on or about the 18th day of October, 1960, at approximately 9:30 a.m., plaintiff entered the store of defendant to do some shopping, said store being open for business at the time; that unknown to plaintiff the defendant had permitted and allowed the floor of said store to become wet and slick whereby plaintiffs feet slipped from under her, and she suffered a fall on said floor, which fall inflicted severe and painful injuries to her. That by reason of the negligence of the defendant in allowing a dangerous, hazardous condition to exist and failing to keep the floor of its store in a dry and safe condition for pedestrian travel and in failing to warn plaintiff that the floor was slick, wet and hazardous and that she should not attempt to walk thereon, and in failing to provide suitable carpets or mats for use by plaintiff in walking about in the store, plaintiff has been severely injured and damaged; that such negligence contributed to the accident and resulting injuries to her. Plaintiff further alleged that at the time she was exercising due care for her own safety.