Safeway Stores, Inc. v. White

RENFRO, Justice.

Plaintiff White recovered judgment against defendant Safeway Stores, Inc., for personal injuries received when pinned between a truck and the wall of a building.

The case was submitted to the jury on the doctrine of discovered peril. The jury found that (1) just before the accident White occupied a position of peril; (2) a Safeway employee, Clark, “discovered and realized before the event in question” that White was in peril; (3) Clark realized or should have realized White would not extricate himself; (4) such realization was in time so that Clark in the exercise of ordinary…