Hanten v. Jacobs

KAROHL, Judge.

Plaintiff-respondent Mildred Hanten, a business invitee, sued defendants as owners and operators of a shopping mall for personal injuries sustained in a fall on defendants’ property. Co-plaintiff John Han-ten made a derivative loss of consortium claim in Count II. After a verdict for defendants the trial court granted plaintiffs a new trial on the ground that defendants’ contributory negligence instructions were a prejudicial deviation from MAI 32.-01(1). Defendants appeal that order.

Plaintiffs’ cross-appeal contests a pretrial dismissal of Count III for failure to state a cause…