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Verna Malon v. Service and Management by St. Louis District Missouri Court of Appeals Book Summary

Jury trial in this cause resulted in a verdict in favor of plaintiff in the sum of $3,500.00. Thereafter the trial court sustained the defendant's motion for judgment in accordance with its motion for a directed verdict and set aside the judgment entered in favor of plaintiff who appeals. However inartfully expressed in the petition, it is clear that plaintiff's theory was that defendant who owned the house in which plaintiff lived voluntarily attempted to repair a leaky roof but did not use ordinary care in doing so with the result the roof continued to leak and plaintiff walking in the kitchen at night was caused to fall and suffer injuries due to the accumulation of water on the kitchen floor. The jury found in favor of the plaintiff and against the defendant and assessed plaintiff's damages at $3,500.00. The trial court set aside the judgment entered on this verdict on the specified ground that ""there was no evidence tending to establish any negligence of the defendant which proximately caused plaintiff's injuries."" The case was tried prior to MAI becoming effective. That portion of plaintiff's verdict directing instruction which is pertinent to this issue required the jury to find plaintiff was caused to fall as a direct result of the negligence of the defendant in failing to use ordinary care in repairing the roof. We take this action of the trial court as the equivalent of ruling the plaintiff failed to make a submissible case.

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Verna Malon v. Service and Management (St. Louis District Missouri Court of Appeals) Book Reviews 2024

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