Balaska v. National Tea Co.

MEMORANDUM AND ORDER GRANTING MOTION FOR NEW TRIAL

KNOX, District Judge.

The wife-plaintiff, Mrs. Mary Balaska, slipped upon liquid detergent in the aisle of defendant’s store. Shortly before the fall of the wife-plaintiff, another fall had occurred in the same place and defendant had attempted to clean the aisle. The defense offered no testimony and presented no evidence at all to contradict plaintiff’s liability witnesses, *148all of which testimony was consistent with defendant’s liability. The jury returned a verdict for the defendant; whereupon the plaintiff then moved for judgment…