Bisher v. Homart Development Co.

SIMONETT, Justice.

In this personal injury “fall down” case, the jury found plaintiff 43% causally negligent, defendant 57%, and awarded $10,000 damages. On post-trial motions, the trial court granted defendant judgment notwithstanding the verdict and, if the order were set aside on appeal, then a new trial on liability only. Plaintiff appeals. We affirm the order for judgment notwithstanding the verdict.

On February 10,1979, appellant-plaintiff, Elizabeth L. Bisher, age 68, tripped and fell while shopping at the Burnsville Shopping Center, owned by the defendant, Homart Development Company.…