Zernia v. Capitol Court Corp.

The issues on appeal are: (1) Whether there was a credible evidence to sustain the verdict; (2) whether the court was in error in denying a new trial; and (3) whether the damages were inadequate.

The first question requires a review of the material facts. The accident occurred approximately 10:30 on December 28, 1957, a Saturday morning, in the east parking lot immediately in front of Schuster’s store at the Capitol Court shopping center in Milwaukee. During the preceding evening rain or snow had fallen. The temperature was a little above freezing and about 1 a. m. the service manager of the…