Duran v. Safeway Stores, Inc.

BIRDSALL, Judge.

This is an appeal from a jury verdict in favor of the defendant/appellee, Safeway Stores, Inc. (Safeway) in a slip and fall case. Appellants raise two issues on appeal: 1) the trial court erred in giving Recommended Arizona Jury Instruction No. 5 on contributory negligence; 2) the trial judge erred in failing to answer a jury question in open court.

On January 18, 1983, appellant Adelina Duran fell while in appellee’s Casa Grande Safeway store. Mrs. Duran was allegedly injured as a result of the fall and subsequently sued appellee on the theory that one of appellee’s employees…