Ruth Hellmann v. Droege's Super Market

EN BANC Ruth Hellmann (plaintiff) brought suit for personal injuries on a premises liability theory against defendants, Droege's Supermarket, Inc. (Droege's) and Hillermann Nursery and Florist, Inc. (Hillermann). Plaintiff sustained serious injuries while returning to her truck from the store when she slipped and fell on ice on Droege's parking lot. Her husband brought a derivative claim for loss of consortium. The trial court directed a verdict in favor of defendants at the close of plaintiffs' evidence. Because defendant Hillermann had no contractual duty or right to plow Droege's parking lot on the day of the injury, we hold the trial court did not err in directing a verdict in favor of Hillermann. We hold the trial court erred in directing a verdict in favor of Droege's. We remand for a new trial on the claim against Droege's.