REL: 6/28/2002 Ex parte Wal-Mart (in re Vaughan)





Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.



SUPREME COURT OF ALABAMA



OCTOBER TERM, 2001-2002



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1001064

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Ex parte Wal-Mart Stores, Inc.



PETITION FOR WRIT OF MANDAMUS



(In re:  Joan Vaughan

v.

Wal-Mart Stores, Inc., et al.)



(Clarke Circuit Court, CV-2000-48)



JOHNSTONE, Justice.



WRIT DENIED.



Moore, C.J., and See, Lyons, Brown, Harwood, Woodall, and



Stuart, JJ., concur.



Houston, J., concurs specially.



HOUSTON, Justice (concurring specially).

I concur to deny the writ, with the understanding that Wal-Mart must produce only evidence of customer falls caused by shipping pallets in the aisles of Wal-Mart stores in Alabama for five years before December 15, 1998. Ex parte Wal-Mart, Inc., 809 So. 2d 818 (Ala. 2001).