Callander Ex Rel. Lingos v. Charleston Doughnut Corp.

Chandler, Justice:

We granted certiorari to review the Court of Appeals’ decision reported at 300 S.C. 317, 387 S.E. (2d) 695 (Ct. App. 1989).

We affirm as modified.

FACTS

Petitioner, Paul Lingos (Lingos), slipped and fell in a Krispy Kreme Doughnut Shop when he backed up to sit on a stool, from which the round seat top was missing. He instituted this action alleging that the condition of the stool constituted a latent defect. The jury returned a verdict for $30,000.

Court of Appeals reversed and remanded for a new trial, holding that Lingos was not entitled to a latent defect instruction, there…