Scott

Plaintiff Phameline Scott slipped and fell in a grocery store of defendant Alpha Beta Company. A jury found defendant 60 percent negligent and plaintiff 40 percent negligent and awarded plain tiff $120,000 damages after reduction on account of her negligence. The trial court denied defendant’s motions for judgment notwithstanding the verdict and for new trial. Defendant appeals from the judgment and the denial of its motion for judgment notwithstanding the verdict, contending there is no substantial evidence of negligence on its part. Plaintiff also appeals from the judgment, contending there is no substantial evidence of contributory negligence on her part.

At about 7 p.m. on September 10, 1976, plaintiff walked into defendant’s grocery store at 3581 Century Boulevard in Lynwood. It was raining “kind of heavy” at the time, and had been raining all day.

Defendant’s employees had placed a 20-foot long rubber mat inside the entrance to the store, because defendant’s terrazzo floor was known to become slippery when wet. Normally the store has about 2,000 customers per day.

When plaintiff stepped off the rubber mat, she slipped; her leg went out from underneath her and she…