Diller v. Safeway Stores, Inc.

*737HOWELL, J.

This is an action to recover damages for injuries sustained by plaintiff when he slipped and fell in defendant’s store. A jury returned a verdict for plaintiff; however, the trial court granted a judgment n.o.v. for the defendant, and plaintiff appeals.

The evidence is viewed in the light most favorable to plaintiff. McVaigh v. Sandberg, 266 Or 409, 513 P2d 801 (1973).

Plaintiff was walking through the produce section of defendant’s store when he slipped and fell near a section containing lettuce. The lettuce was packed in ice. When plaintiff fell he felt something like ice under him,…