McVaigh v. Sandberg

Plaintiff brought an action for personal injuries resulting from a fall in defendants’ pharmacy. Pursuant to a jury trial, a verdict was entered for plaintiff, but the trial judge set it aside and entered a judgment n.o.v. for defendants on the ground there was no evidence of defendants’ negligence. Plaintiff appeals. The principal issue is whether there was evidence sufficient to submit to the jury of any condition of the premises which created an unreasonable risk of harm to plaintiff.

Plaintiff was a woman 65 years of age. She entered defendants’ pharmacy on a rainy Tuesday morning and,…