Binning v. Safeway Stores, Inc.

DAVISON, Justice:

This is an appeal by Emily Binning, Plaintiff below, from a judgment rendered on a unanimous jury verdict denying her any recovery in her action for damages for personal injuries against Safeway Stores, Inc., and Robert Cleburn (Manager of a Safeway Store), defendants.

Plaintiffs sole proposition of error for reversal and a new trial is that the trial court failed, on its own motion, to properly instruct the jury on a decisive issue formed by the pleadings and evidence. Specifically, plaintiff complains the trial court failed on its own motion to instruct that defendants,…