Yette v. Casey's General Stores, Inc.

On December 22, 1992, plaintiff, John Yette, sued defendant, Casey’s General Stores, Inc., for injuries he sustained on December 22, 1990, when he fell on an icy sidewalk adjacent to the premises owned by defendant. The complaint alleged that defendant had cleared and salted its parking lot but negligently failed to salt or remove the ice from the sidewalk in front of its doorway. On defendant’s motion, the complaint was dismissed without prejudice.

In April 1993, more than two years after the date of the occurrence, plaintiff filed an amended complaint in two counts. Count I essentially…