Jackson Atlantic, Inc. v. Wright

Clark, Judge.

Did the evidence in this fall-down case require the trial court to sustain defendant retailer’s motion for a directed verdict on the ground that plaintiff failed to exercise ordinary care for her own safety? Was the trial court correct in submitting this question as to such duty to the jury for determination by reason of a "distraction”? What constitutes a "distraction” sufficient to create a jury question? Although we also have for decision whether the evidence warranted the trial court instructing the jury that plaintiff might recover for aggravation of a prior existing…