Roach v. McCRORY CORPORATION

Sprouse, Justice:

This is an appeal by the plaintiff, Betty Jo Waller, from a judgment of the Circuit Court of Harrison County. By its final judgment order, the circuit court set aside a verdict in the amount of $40,000 in favor of the plaintiff and entered judgment for the defendant, McCrory Corporation.

The issues are whether there was sufficient evidence of negligence to warrant jury consideration and, by cross-assignment of error, whether the inadvertent mention of insurance by one of the plaintiff’s witnesses requires a new trial.

On Saturday, April 12, 1969, after the store’s closing, a…