Wynne v. Spainhour

The defendant, Frederick T. Wynne, trading as Thriftway of Centerville, complains of a jury verdict and judgment in the sum of $7,500 in favor of the plaintiff, Frank William Spainhour, Jr. The plaintiff recovered for personal injuries he sustained when he slipped and fell on ice on the parking lot of the defendant’s store and service station. The dispositive question presented on appeal is whether the evidence was sufficient to establish primary negligence on the part of the defendant.

The record shows that the plaintiff visited the business premises in question, with which he was familiar,…