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DALLAS SWINSON v. LEJEUNE MOTOR COMPANY, INC.

Premises Liability — trip and fall — depression in pavement — obvious defect — contributory negligence

A decision of the Court of Appeals holding that a jury question was presented on the issue of contributory negligence in an action against an auto dealer by a customer who tripped and fell when she stepped into a depression in the dealer's parking lot while looking for her repaired auto is reversed for the reasons stated in the dissenting opinion that plaintiff was contributorily negligent as a matter of law in failing to discover and avoid an obvious defect.

PER CURIAM.

For the reasons stated in the dissenting opinion by Judge McCullough, the decision of the Court of Appeals is reversed.

REVERSED.

Chief Justice LAKE did not participate in the consideration or decision of this case.

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SWINSON v. LEJEUNE MOTOR CO. INC
(Oct 1, 2002)