Dybdahl v. Genesco, Inc.

Reed, A.C.J.

—Genesco, Inc., appeals the trial court's order granting a new trial. We reverse.

Michael Dybdahl brought suit for damages against Gen-esco, Inc., d/b/a S. H. Kress & Co., for injuries suffered from a slip and fall in Genesco's store on December 7, 1978. At the conclusion of the trial, the jury awarded Dybdahl $8,100, to be reduced by his 20 percent share of comparative fault. Because of asserted errors by the trial court and because the resulting award was for far less than the damages he alleged he had suffered, Dybdahl moved for a new trial.

The trial judge granted Dybdahl's…