Mark v. Hutchinson

Plaintiffs John and Jean Mark appeal from an adverse judgment in a “slip and fall” personal injury action. They assert that the trial court erred in excluding testimony from an expert witness, striking certain allegations of negligence for failure of proof, and giving an improper jury instruction. We affirm.

Defendant Hutchinson owns and operates a service station and related convenience store near Ashland. In November 1988, the Marks were returning to California after spending the Thanksgiving holiday in Oregon with one of their children. Anticipating snow in the Siskiyou Mountains, they…