Skelton v. General Candy Co.

GUNN, Judge.

Plaintiff-respondent fell on defendant-appellant’s parking lot. The jury awarded plaintiff $15,000 for injuries sustained as a result of the fall, and defendant has appealed. On appeal, defendant suggests four points of alleged trial error: 1) that the plaintiff’s verdict directing instruction embraced two theories of recovery, neither of which was supported by the evidence; 2) that plaintiff was permitted to amend her petition at the close of plaintiff’s evidence to advance a new theory of liability; 3) that testimony of plaintiff’s expert witness concerning the condition of…