Kusy v. K-Mart Apparel Fashion Corp.

OAKS, Justice:

In this personal injury action, the jury found no negligence on the part of defendant K-Mart. On appeal, plaintiff claims that the trial court erred by refusing to admit into evidence defendant’s answer to an interrogatory. He also cites error in the failure to give his proffered jury instruction on res ipsa loquitur and in the instruction. given on avoidable accident. We reverse.

Plaintiff was employed as a truck driver. In May 1976, he delivered a load of trees and shrubbery to one of defendant’s stores in Murray. In the unloading process, plain: tiff requested assistance from…