(Download) "Whitmore v. Sears" by Court of Appeals of Michigan " Book PDF Kindle ePub Free
eBook details
- Title: Whitmore v. Sears
- Author : Court of Appeals of Michigan
- Release Date : January 19, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Natalie Whitmore brought an action against Sears, Roebuck & Company and Globe Union Company for damages for injuries she suffered in a fall in the parking lot of a Sears retail store. She alleged that an employee of Globe Union spilled fuel from a truck onto the parking lot and that she slipped when she inadvertently walked onto the spilled fuel. The jury returned a verdict against Sears in the amount of $40,000 and found no cause of action in favor of Globe Union. Upon motion by Sears for judgment notwithstanding the verdict, the St. Clair Circuit Court, Ernest F. Oppliger, J., modified the verdict, setting damages at $30,000 and holding both defendants jointly and severally liable. Both defendants appeal, alleging among other things that the trial court erred when it denied their motions for directed verdicts at the close of plaintiff's proofs. Held : The plaintiff failed to make out a prima facie case of negligence against either of the defendants. There was no testimony to link Globe Union with the spilled fuel on the parking lot. There was no testimony from which it could be inferred that the fuel was on the lot as a result of the actions of employees of Sears or that Sears had actual notice that the fuel was there or that it had been there for a considerable period of time sufficient to justify an inference that Sears should have known of its presence. The motions for directed verdict should have been granted.
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