James E. Kochanski v. Speedway Superamerica, LLC

¶ 1. We review a decision of the court of appeals1 reversing the circuit court's order2 affirming the jury's verdict, which found Speedway SuperAmerica, LLC (Speedway) liable for injuries James Kochanski sustained when he fell outside one of Speedway's stores. Speedway appealed, arguing that the circuit court erroneously gave the absent witness instruction, that the verdict should be reversed because it is contrary to the greater weight of the credible evidence, and that a new trial should be *11granted in the interest of justice. The court of appeals reversed on the jury instruction issue and…