Lemery v. O'Shea Dennis, Inc.

The issue in this case is whether the trial court abused his discretion in refusing to permit plaintiff to introduce into evidence safety standards promulgated by the National Safety Council (1964).

The case arose as a result of a fall sustained on October 17, 1966, by Evelyn Lemery on department store premises owned and controlled by defendant, O’Shea Dennis Corporation. While leaving the store after shopping there, plaintiff fell from a step-down at the end of an exit ramp which sloped from the store to the sidewalk. The ramp in question was eight feet and seven inches in length terminating…