Patton v. May Department Stores Co.

HIGGINS, Judge.

The May Department Stores Company appealed from a judgment entered on a jury verdict in favor of plaintiff, Ruth Patton. The Eastern District transferred the case to this Court. Appellant contends that: (1) the plaintiff failed to make a sub-missible case; (2) the trial court erred in allowing a telephone deposition and in admitting telephone deposition testimony; (3) the trial court erred in giving Instruction No. 6; (4) the trial court erred in admitting testimony that the condition was “like an accident waiting to happen”; and (5) the trial court erred in not granting a new…