Milloch v. Getty

Todd, Justice.

Plaintiffs Rudolph and Violet Milloch appeal from an order denying their motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial. In a special verdict, the jury found that plaintiff Rudolph Milloch had assumed the risk of the injuries he sustained when he fell on defendant William J. Getty’s property. The trial court ordered judgment for defendants. We reverse.

Defendant Getty was the owner of the real property where the accident occurred, the Robo Car Wash and Mobile Station in Brainerd, Minnesota. He was also a dealer for defendant Mobil Oil…