Sears, Roebuck & Co., a Corporation v. Norma Barkdoll

VAN OOSTERHOUT, Circuit Judge.

This is an action by plaintiff Norma Barkdoll to recover for personal injuries sustained as a result of a fall while climbing the two steps leading to the entrance of defendant’s store in White Bear Lake, Minnesota. Liability is predicated upon negligence. Jurisdiction, based upon diversity of citizenship, is established.

The jury returned a verdict for the plaintiff. Defendant made timely motions for a directed verdict and for judgment n. o. v. upon the ground, among others, that the plaintiff has failed to make a prima facie case of negligence on the part of…