Perry v. Green Mountain Mall

Amestoy, CJ.

¶ 1. This appeal arises from a jury verdict apportioning more than 50% of the fault for a parking lot accident to plaintiff- appellant Sandra Perry. Appellant argues (1) the trial court’s dismissal of defendant-appellee Raymond Heath from the case was error because the court improperly concluded that Heath did not owe a duty of care to plaintiff-appellant pursuant to the Restatement (Second) of Torts §324A; and- (2) The error was not harmless. We agree with appellant’s first argument but not her second and therefore affirm.

¶2. Appellant was employed by the Ames department store at…