Wolf v. Graber

HENDERSON, Justice.

ACTION

This is an appeal by Daisy Wolf (appellant) from a judgment of the trial court in favor of Ellery Graber and Nancy Graber, d/b/a The Milk Bottle (appellees), following, and consistent with, a jury verdict. Appellant had sought damages under a theory of negligence. We reverse and remand for a new trial.

FACTS

At the time of trial, appellant was an 86-year-old widow living in Sioux Falls. Appellees owned and operated a retail dairy-grocery business also located in Sioux Falls. The store building itself was leased to appellees. There are two entrances to the store: one in…