Baker v. Shavers, Inc.

JOHNSON, Justice.

This is a personal injury case. Robert and Doris Baker have appealed the jury’s determination that Doris and Shavers, Inc. were equally negligent in causing Doris’ injuries when she fell in the department store operated by Shavers. The Bakers also have appealed the trial court’s denial of their motion for judgment n.o.v. or for a new trial. We reverse the judgment and remand the case for a new trial on the basis of our decision in Harrison v. Taylor, 115 Idaho 588, 768 P.2d 1321 (1989).

I

HARRISON v. TAYLOR APPLIES RETROACTIVELY.

The jury was instructed that Shavers had no duty…