Luthy v. Denny's, Inc.

GAITAN, Presiding Judge.

Lillian Frances Luthy brought an action against Denny’s Inc. for damages arising out of a slip and fall accident at one of defendant’s restaurant locations. A jury returned a verdict, assessing zero percentage of fault to both plaintiff and defendant. Plaintiff then filed a motion for new trial which was sustained by the trial court. Defendant Denny’s appeals from the order granting a new trial, contending that the trial court erred in: (1) overruling defendant’s motion for directed verdict at the close of all the evidence because plaintiff failed to make a submissible…