Hannin v. Driver

CLAY, Commissioner.

This is an appeal from a judgment for defendants entered upon a directed verdict.

Plaintiff, while a customer in defendants’ department store, sprained her ankle walking down a flight of stairs. Her theory of the case is that one of the rubber stair treads was worn and raised, and as she descended the heel pulled loose from her shoe. The plaintiff admitted the stairway was well lighted and that no hidden condition existed.

*751There was no evidence of substance offered by plaintiff to prove a defective condition of the stair tread at the time of her fall. She did testify that “it…