Macias v. Super Taqueria Mexico Mei
Filed 6/23/06 Macias v. Super Taqueria Mexico Mei CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
IRENE MACIAS, Plaintiff and Respondent, v. SUPER TAQUERIA MEXICO MEI, INC., Defendant and Appellant. |
F046497
(Super. Ct. No. 03CECG03021)
OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. Hillary A. Chittick, Judge.
Stephan, Oringher, Richman & Theodora, P.C., Harry W. R. Chamberlain II, Robert M. Dato and Brian P. Barrow, Brown & Peel, and R. Marc Stamper, for Defendant and Appellant.
Cornwell & Sample, and René Sample, for Plaintiff and Respondent.
-ooOoo-
Sixty-two-year-old Irene Macias was shopping in appellant's grocery store. She selected some green lemons, then began to walk and tripped over a box that a stock boy had left nearby on the floor while Macias had been looking at the lemons. Macias, who is right-handed, landed on her right shoulder. The bone in her shoulder, described by her surgeon Dr. Joseph Fernandez as the â€