Artrip v. E.E. Berry Equipment Co.

In this slip-and-fall case, we decide whether the trial court erred in striking the plaintiff’s evidence and entering judgment in favor of the defendant. More specifically, we determine whether the trial court or a jury should have decided issues of negligence, contributory negligence, and assumption of risk.

Karen Artrip sued E.E. Berry Equipment Company (Berry) seeking damages for injuries she sustained when she slipped and fell on a snowbank. Artrip alleged that her injuries were proximately caused by Berry’s negligence. In a jury trial, at the conclusion of Artrip’s evidence, the trial…