# Folmar v. Montgomery Fair Company, Inc.

> Supreme Court of Alabama · February 13, 1975 · 293 Ala. 686

URL: https://www.frixlaw.com/law-library/cases/9699314

## Case

- **Full name:** Mary B. FOLMAR v. MONTGOMERY FAIR COMPANY, INC., a Corporation, and Gayfer’s Montgomery Fair Company, a Corporation
- **Court:** Supreme Court of Alabama
- **Decided:** February 13, 1975
- **Citations:** 293 Ala. 686; 309 So. 2d 818; 1975 Ala. LEXIS 1108
- **Precedential status:** Published
- **Opinion:** Dissent by Heflin
- **Judges:** Faulkner, Bloodworth, Jones, Almon, Shores, Heflin, Merrill, Maddox, Embry
- **Cited by:** 76 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9699314

## How later opinions describe it (automated extraction)

- holding that when reasonable persons could differ on inferences to be drawn from undisputed facts, summary judgment is inappropriate

## Opinion text

HEFLIN, Chief Justice
(dissenting):
I agree, basically, with the opinion of Justice Maddox in this cause, but feel that the circumstantial evidence was sufficient to make a jury question as to what Mrs. Folmar tripped over. However, I do not believe that there is a scintilla of evidence pertaining to- negligence. The facts of this case do not qualify to- come within the purview of First National Bank of Mobile v. Ambrose, 270 Ala. 371 , 119 So.2d 18 (1960).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9699314. Public record. Not legal advice.