Fiscel v. Beach

This is a slip-and-fall lawsuit which appellee, Donald Ray Fiscel, filed against appellant, Randall Beach, doing business as Progressive Rentals, after Fiscel injured his lower back due to a slip and fall on an icy driveway in Beach’s trailer park. Linda Fiscel also filed suit against Beach for loss of consortium; her claim is not at issue.

At the close of Fiscel’s evidence, Beach moved for a directed verdict, arguing Fiscel was contributorily negligent and assumed the risk of walking on the snow- and ice-covered driveway; the court denied the motion. Beach presented his case and again moved…