Selby v. Danville Pepsi-Cola Bottling Co.

Plaintiff slipped and fell on a sloped, icy parking lot at defendant’s plant as he was unloading liquid sugar. At the close of the evidence, the trial court allowed defendant’s motion to strike various portions of plaintiff’s complaint for failure to state a cause of action. The cause was submitted to the jury on the issue of whether defendant had created an unnatural accumulation of ice where plaintiff fell. The jury found for defendant. Plaintiff appeals arguing the trial court erred in striking portions of his complaint and in refusing to instruct the jury on the stricken allegations; in…