Love v. Schmidt

389 S.E.2d 707 (1990)

Martha J. LOVE

v.

E.F. SCHMIDT, Jr.

Record No. 890413.

Supreme Court of Virginia.

March 2, 1990.

William H. Shewmake (J. Thomas McGrath, Malcolm P. McConnell, III, Coates & Davenport, Richmond, on briefs), for appellant.

Albert M. Orgain, IV (Robert B. Delano, Jr., Wm. Tyler Shands, Sands, Anderson, Marks & Miller, Richmond, on brief), for appellee.

Present: All the Justices.

WHITING, Justice.

There are two issues in this case: (1) whether a plaintiff, who fell to the floor and was injured after sitting on a properly positioned toilet seat she knew was loose, was guilty of…