Englund v. Younker Bros.

Plaintiff seeks damages by reason of a fall which occurred in the parking lot immediately adjacent to the store known as Younkers-East located in Des Moines. Defendant Younker Brothers, Inc. rents the premises from defendant Mart, Inc. Plaintiff alleges she stepped in a hole created by broken and crumbling concrete in the lot as she "was returning to her *50car. The first trial resulted in a mistrial; the second in verdict for defendants. Plaintiff appeals.

I. Plaintiff’s first assignment of error grows out of the mistrial. Briefly, the mistrial occurred when defense counsel mistook one of the…