Davis v. Spotsylvania Mall Co.

By Judge William H. Ledbetter, Jr.

The defendant property owner asks the court to set aside a jury verdict in favor of its invitee in this slip-and-fall case. For the reasons that follow, the motion will be denied.

Facts

On a Sunday afternoon around 2:30 to 3:00 o’clock, the plaintiff (Davis) arrived at the Spotsylvania Mall to return a sweater for her daughter. She entered through the north entrance which required her to walk along a concourse past a few shops, a bank, and several fast food restaurants, including Friendly’s, Arby’s, and a pizzeria. As she passed the bank and approached the…