New Mexico Court of Appeals February 13, 1970, 390 (Rekart v. Safeway Stores, Inc.)

OPINION

WOOD, Judge.

A bottle of Pepsi Cola fell and cut plaintiff while she was a business invitee in defendant’s store. She sued for personal injuries. The trial court granted defendant’s motion for summary judgment. Summary judgment is not proper where there is the slightest issue as to a material fact. Perry v. Color Tile of New Mexico, (Ct. App.), 81 N.M. 143, 464 P.