Papastathis v. Beall

HATHAWAY, Chief Judge.

Appellants challenge the jury’s verdict in favor of appellees in a wrongful death action and the court’s denial of their motions for new trial, judgment n.o.v. and remittitur. We find the record supports the verdict and affirm.

On September 2,1981, Peter Papastathis, decedent, was in appellant Walter Beall’s (Beall) “7-11” store in Phoenix, Arizona. The franchisor, “owner and lessor” of the property is appellant Southland Corporation (Southland). Upon entering the store, Mr. Papastathis went to a cooler and bent down to make a selection. At the same time, Bobby Gene…