Doren v. Cook

SIMON, Judge.

Dorothy Van Doren, the tenant (plaintiff), appeals from a judgment in favor of Elsie Cook, the landlord (defendant), in an action for injuries sustained by plaintiff in a fall on the steps of her rented residence. Judgment was entered pursuant to a jury verdict in the Circuit Court of the City of St. Louis.

On appeal, the plaintiff contends that the trial court erred: (1) in submitting an erroneous contributory negligence instruction (modified MAI 32.03); (2) in permitting the defendant to amend her answer to deny that she was ever in control of the area where the plaintiff fell.…