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WHITMORE v. SEARS, ROEBUCK & CO.

Docket No. 31419.

89 Mich. App. 3 (1979)

279 N.W.2d 318

WHITMORE v. SEARS, ROEBUCK & COMPANY

Michigan Court of Appeals.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Cummings, Monaghan, Thomas & McColl (by John C. McColl and John B. McNamee), for plaintiff.

Garan, Lucow, Miller, Lehman, Seward & Cooper, P.C., (Gromek & Bendure, of counsel), for Sears, Roebuck & Company.

Robert B. Tatham, (Norman L. Zemke, of counsel on appeal), for Globe Union Company.

Before: ALLEN, P.J., and R.M. MAHER and J.E. TOWNSEND, JJ.

R.M. MAHER, J.

Plaintiff Natalie Whitmore brought this action for damages she allegedly suffered in a fall in the parking lot of the Port Huron store of defendant Sears. Defendant Globe Union Company's liability was premised on the action of its driver in causing fuel to spill from its truck onto the Sears parking lot, creating a slippery area on which plaintiff fell. At the close of plaintiff's proofs, defendants moved for a directed verdict. The motion was denied...

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