Cox v. JC Penney Co., Inc.

ROBERTSON, Judge.

Appellant, Frances Cox, a business invitee, filed suit against the J.C. Penney Company, Inc., to recover for damages sustained when she tripped over a luggage strap in a Penney’s store. The jury returned a verdict for Penney. The Court of Appeals, Western District, reversed and remanded. We granted transfer to consider the effect of Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983) on MAI 22.03. We have jurisdiction. Mo. Const, art. Y, sec. 10. Reversed and remanded.

I

While shopping in respondent’s store, appellant tripped over a luggage strap which she claims extended across…