Safeway Stores, Inc. v. Leake

ROVER, Chief Judge.

A jury awarded plaintiff damages for personal injuries caused by the fall of some canned goods in defendant’s market. Bringing this appeal, defendant assigns as error the denial of its motion for directed verdict and its motion in the alternative for judgment notwithstanding the verdict or new trial.

Plaintiff’s evidence established that she went to defendant’s self-service store one morning for the purpose of buying groceries. After selecting several items, she decided to purchase a box of facial tissues stored on a top shelf beyond her reach. Not seeing any clerks…