Tammen v. K & K Management Services, Inc.Annotate this Case
In this negligence case, the Supreme Court affirmed the judgment of the circuit court finding that Defendant was not negligent, holding that Plaintiff's claims of error, many of which related to the jury instructions, were unavailing.
Plaintiff sought Defendant, a restaurant, for negligence, alleging that Defendant failed to take reasonable measures to keep its parking lot safe by removing snow and ice. After the close of the evidence, the trial court struck Defendant's defense of assumption of risk but determined that Defendant had presented sufficient evidence to submit the issue of contributory negligence to the jury. The jury entered a verdict finding Defendant not negligent. The Supreme Court affirmed, holding (1) there was no error in the jury instructions, and the court provided the jury a full and accurate statement of the applicable law and legal principles; and (2) because the jury found Defendant not negligent, this Court need not address Plaintiff's remaining issues related to the defense of contributory negligence and her request for an instruction on dormant pre-existing health conditions.