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Keywords

tortplaintiffdamagesnegligenceappealtrialverdictcorporationsustainedcompensatory damagesjury trial

tortplaintiffdefendantdamagesnegligencetrialverdicttestimonycorporationjury trial

Related Cases

Isaacson v. Husson College, 297 A.2d 98

Facts

Lawrence Isaacson, a resident student at Husson College, slipped on an icy patch while returning from dinner on February 27, 1969. The incident occurred on a campus walkway between Hart Hall and the dining commons, which lacked artificial illumination. Isaacson sustained personal injuries and sought compensatory damages after the college was granted a directed verdict in its favor. He appealed the decision, arguing that the evidence presented warranted a jury's consideration of the college's negligence and his own potential fault.

Lawrence Isaacson was a resident student of the defendant College when, on February 27, 1969 at approximately 6:15 in the evening on his return from supper, he slipped on an icy patch and fell to the pavement in the campus walkway between Hart Hall where he roomed on campus and the dining commons provided by the College.

Issue

Did the trial court err in directing a verdict for the college, thereby denying the student a jury trial on the issues of negligence and comparative fault?

Rule

The general rule of substantive law holds that corporations, like individuals, are liable for their torts. In cases involving business invitees, the owner or possessor of land has a duty to exercise reasonable care to ensure that the premises are safe for use. This includes the obligation to take corrective action regarding known dangerous conditions, even if the invitee is aware of the risks.

The general rule of substantive law is that corporations, like individuals, are liable for their torts.

Analysis

The court found that the evidence presented by Isaacson was sufficient to raise a jury question regarding the college's negligence. The lack of illumination on the walkway and the icy conditions created an unreasonable risk of harm for the student, who had a right to expect that the college would maintain safe premises. The court emphasized that the mere knowledge of an icy condition does not automatically establish negligence on the part of the invitee, especially when the invitee had previously used the walkway without incident.

In our opinion, the evidence is sufficient to warrant the following factual findings: The plaintiff was the only person to testify at trial concerning his accidental fall on the defendant's campus walkway on February 27, 1969. A jury could infer from his testimony that the lack of illumination prevented him from seeing the immediate surface of the pathway, but that, because of the banks of fresh snow on each side of the way, the general area and direction of the travel path were plainly visible to him.

Conclusion

The Supreme Judicial Court sustained the appeal, concluding that the trial court erred in directing a verdict for the college, as the evidence warranted a jury's consideration of both negligence and comparative fault.

The combination of the dangerous icy condition and poor lighting of the areaways which the defendant College invited its students to use, under the totality of the circumstances in the instant case, serves to permit recovery of damages at the hands of the jury for actionable negligence.

Who won?

The prevailing party in this case is Lawrence Isaacson, the plaintiff. The Supreme Judicial Court ruled in his favor by reversing the directed verdict for Husson College, allowing the case to proceed to trial. The court determined that there were sufficient grounds for a jury to evaluate the college's potential negligence in maintaining the safety of the campus walkways, particularly in light of the poor lighting and icy conditions that contributed to Isaacson's fall.

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