Poe v. Tate

Defendant-appellant Kelley Poe, d/b/a Kelley’s Restaurant, appeals from a judgment on a jury verdict in favor of plaintiffs-appellees Edith and Norris Tate. The Tates recovered damages for injuries sustained by Mrs. Tate when she slipped and fell on an icy sidewalk adjacent to Kelley’s Restaurant.

Poe presents two issues for our review:(1) Whether the jury was properly instructed on the duty owed by a proprietor to his business invitees in respect to accumulations of ice and snow on the sidewalk of the business premises; and(2) Whether there is sufficient evidence to support the jury verdict.

On…