# McClendon v. Mountain Top Flea Market

> Supreme Court of Alabama · July 24, 1992 · 601 So. 2d 957

URL: https://www.frixlaw.com/law-library/cases/9932809

## Case

- **Full name:** Charlotte R. McClendon v. Mountain Top Indoor Flea Market, Inc.
- **Court:** Supreme Court of Alabama
- **Decided:** July 24, 1992
- **Citations:** 601 So. 2d 957; 1992 Ala. LEXIS 710; 1992 WL 172732
- **Precedential status:** Published
- **Opinion:** Concurrence by Ingram
- **Judges:** Hornsby, Houston, Ingram
- **Cited by:** 158 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/9932809

## Opinion text

I agree with the majority regarding assumption of the risk. It is best left to a jury's determination in this case.
My sole reason for concurring specially is to further emphasize the potential hazard of using at trial evidence of changes made to the premises after the incident, such as those changes indicated by Ms. McClendon's affidavit and noted by the majority in its opinion. Evidence of subsequent remedial measures is subject to limited admissibility. Phar-Mor, Inc. v. Goff , 594 So.2d 1213 (Ala. 1992).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9932809. Public record. Not legal advice.