Pollick ex rel. Pollick v. J. C. Penney Co.

I dissent.

This is an appeal from a judgment entered on a jury verdict, We are therefore required to view the evidence in a light most favorable to sustain the judgment, and if there is any competent evidence in the record which would justify the jury verdict, we should affirm.1

The facts are not in dispute. It is only the conclusions to be drawn therefrom which give rise to the controversy.

Darren J. Pollick was a three-year-old boy with his father in defendant’s store. While the father was paying for merchandise purchased, Darren walked a short distance to a stair well around which was a…