Rayburn v. J. C. Penney Outlet Store

Plaintiff-appellant, Russell Rayburn, appeals from a judgment of the Franklin County Court of Common Pleas and raises two assignments of error, as follows:

“1. The trial court abused its discretion in holding that the defendants were entitled to judgment as a matter of law.

“2. The trial court abused its discretion and invaded the province of the jury in holding there is no genuine issue as to any material fact.”

Plaintiff Russell Rayburn and his wife Sophie Rayburn were customers at one of defendant Penney’s stores and seek to recover damages for an injury sustained by plaintiff Russell Rayburn…