Cooper v. Pay-N-Save Drugs, Inc.

Was it error for the trial court to instruct the jury on “unavoidable accident”?

Plaintiff, a customer in defendant’s store, was directed to a particular section where the merchandise she wished to purchase was located. As she approached the area, she observed a portable barbecue grill on display. While selecting her purchase from the shelf, she stood next to the barbecue grill and brushed against it with her left hip. Having secured her merchandise, she turned, in order to proceed to the front of the store, caught her foot on the leg of the barbecue, fell to the floor, and suffered injuries.

Th…