Frosch v. National Tea Co.

LOBRANO, Judge,

dissenting.

I respectfully dissent. I am of the opinion the jury was clearly wrong in its determination that plaintiff was 81% negligent.

The jury had to conclude that there was a foreign substance on the floor, and that plaintiff slipped on the substance, in order *642to assess any liability to the defendant. Once this conclusion is reached, the evidence does not substantiate any negligence on plaintiff’s part.

I would assess 100% of the fault to defendant.

Before GARRISON, BARRY, LOBRANO, WILLIAMS and ARMSTRONG, JJ.