Medlin v. Pilot Travel Centers, L.L.C.

JERRY L. GOODMAN, Presiding Judge.

T1 Karen K. Medlin (Customer) appeals from the trial court's September 16, 2011, Journal Entry of Judgment which memorialized an April 6, 2011, jury verdict rendered in favor of Pilot Travel Centers, LL.C. (Pilot). We hold reversible error occurred when the trial court instructed the jury on the defense of assumption of the risk. We reverse and remand for a new trial.

BACKGROUND

T2 This is the second appeal arising from Customer's claim for injuries she suffered in 2003, when, as a business invitee, she slipped and fell on Pilot's premises. Customer had stopped…