Ross v. Kirby

Plaintiff, a prospective patron of the restaurant owned by defendants, hereafter Kirby’s, recovered damages for personal injuries sustained when she tripped over a drainage berm in a private walkway that served as one of the approaches to the back door of Kirby’s from the adjacent public parking lot. On this appeal, the contentions are that defendants were not liable, as a matter of law, and that the court erred in its instructions to the jury.

As there are no contentions concerning the sufficiency of the evidence, a brief summary of the pertinent facts will suffice. On February 19, 1963,…