(DOWNLOAD) "Jessie Jones v. National Supermarkets" by Eastern District, Division Three Court of Appeals of Missouri " Book PDF Kindle ePub Free
eBook details
- Title: Jessie Jones v. National Supermarkets
- Author : Eastern District, Division Three Court of Appeals of Missouri
- Release Date : January 21, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Kent E. Karohl, Judge, Plaintiff as a customer in defendant's grocery store sustained personal injuries when he tripped against a free standing wrought iron cookie display rack placed in the aisle of defendant's grocery store. Defendant appeals a judgment in favor of plaintiff in accord with jury verdict awarding damages and assessing 100% of fault to defendant. For two related reasons defendant contends that plaintiff failed to make a submissible case. It first argues that the cookie rack as positioned in the aisle did not constitute a dangerous condition and, second, it contends that the condition was open and obvious. Defendant concludes on the authority of Restatement of Torts § 343 as adopted by the Missouri Supreme Court in Dixon v. General Grocery Co., 293 S.W.2d 415, 418 (Mo. 1956) that it breached no duty to plaintiff and that plaintiff is not entitled to recover as a matter of law. In the alternative defendant asserts four claims of error in support of a request for new trial. They are: (1) the verdict is excessive and the product of passion and prejudice or mistake; (2) the determination that defendant was 100% at fault is inconsistent with the weight of the evidence; (3) the court erred in overruling defendant's objections to plaintiff's closing argument in two particulars; and, (4) the court committed plain error in permitting plaintiff to argue that comparative negligence is a compromise verdict which may be so considered during jury deliberations.
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