Auguste v. Montgomery Ward and Co.

Plaintiff, Rose Auguste, brought this action to recover for injuries she sustained when she fell on a stopped escalator located in a store owned and operated by defendant, Montgomery Ward and Company. The jury returned a verdict in favor of plaintiff and against defendant and codefendant, Otis Elevator Company, which had been servicing the escalators in defendant’s store on the date plaintiff was injured. Thereafter, the trial court issued an order granting defendant’s post-trial motion for judgment notwithstanding the verdict. The trial court held that defendant had no duty to warn plaintiff…