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Weisman v. Herschend Enterprises, Inc.

509 S.W.2d 32, 1974 Mo. LEXIS 582
Supreme Court of Missouri·Decided May 13, 1974·No. 57554·Published·Cited by 11 cases

Opinion

HOUSER, Commissioner.

Fern Weisman sued Herschend Enterprises, Inc. for $50,000 damages for personal injuries sustained when she? fell on a step as she was leaving the ice cream parlor at Silver Dollar City, an amusement park possessed and operated by defendant in Stone County. A trial jury returned a verdict for defendant. The circuit court sustained plaintiff’s motion for new trial. Defendant appealed prior to January 1, 1972.

The negligence pleaded was failure to construct and maintain the step in a reasonably safe condition for customers in that it was uneven, not level; that it “sloped or tilted to the north and to the east” so that a person stepping thereon “was caused to become unbalanced.” Plaintiff’s verdict-directing instruction submitted negligence in that the step “was sloped to the north and to the east and as a result the step was not reasonably safe for customers” and that defendant failed to use ordinary care to make the step reasonably safe or warn of it. Defendant pleaded contributory negligence in ' general terms. Defendant’s verdict-directing Instruction No. Ill follows:

“Your verdict must be for the defendant if you believe:

*34 First, plaintiff failed to use the handrail, and

Second, plaintiff’s conduct submitted in paragraph First was negligent, and

Third, such negligence of plaintiff directly caused or directly contributed to cause the injuries and damage plaintiff may have sustained.”

Plaintiff fell as she used this step:

*35

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Weisman v. Herschend Enterprises, Inc., 509 S.W.2d 32, 1974 Mo. LEXIS 582 (Mo. 1974).

509 S.W.2d 32 (Weisman v. Herschend Enterprises, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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