Esser v. McIntyre

PRESIDING JUSTICE EGAN

delivered the opinion of the court:

The plaintiff, Diane Esser, brought an action against the defendant, Joseph McIntyre, for injuries she suffered when she slipped and fell on unpopped popcorn kernels that the defendant allegedly spilled. The dispositive issue is whether the judge properly instructed the jury on the proper standard of care. A jury returned a verdict for the defendant.

On October 18, 1983, the plaintiff travelled to Acapulco, Mexico, with Joseph O’Brien, Sr., and two other couples, Joseph McIntyre, Susan Pence, Don Fett and Joanne Walden. At that time,…