Fravel v. Morenz

The plaintiff, Dorothy Fravel, brought suit against the defendant, Earl Morenz, individually and doing business as Earl’s Eisner Agency, for injuries she sustained when she fell while shopping. The jury rendered a verdict for the defendant and the court entered judgment thereon. The plaintiff appeals the order of the court, asserting that the jury was improperly instructed on the standard of care. We reverse and remand for a new trial.

On December 4, 1983, the plaintiff, a 77-year-old woman, entered defendant’s grocery store to purchase a few items. The plaintiff testified that as she turned…