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Family Thrift Inc. v. Birthrong

The trial court erred in denying the defendants' motion for judgment notwithstanding the verdict in a premises liability action, because there was no evidence that the defendants had superior knowledge of the hazard that caused the plaintiff's injury and the doctrine of res ipsa loquitur did not apply.

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In this premises-liability action, Cheryl Birthrong sued Family Thrift, Inc. and Olympia Management, Inc. defendants, owners and operators of a chain of thrift stores, alleging that the defendants negligently breached a duty they owed to her as an invitee when she suffered injuries near the store’s dressing room as a result of a chair collapsing as she sat upon it. Following a trial and jury verdict in Birthrong’s favor, the defendants filed a motion for judgment notwithstanding the verdict j.n.o.v., which the trial court denied. The defendants now appeal, arguing that the

trial court erred in denying their motion for j.n.o.v. because 1 there was no evidence

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