| Venue: | NY Ct. App. |
| Facts: | Negri slips and falls in a store. The aisle was a mess, and broken jars of baby food were lying around. |
| Posture: | Verdict for plaintiff at trial, reversed and dismissed on appeal. |
| Issue: | Did the plaintiffs make out enough of a prima facie case to overcome the dismissal? |
| Holding: | Yes. In these circumstances, the Appellate Division can't dismiss; they could only have ordered a new trial (if they felt that the jury's finding was contrary to the evidence). |
| Rule: | We examine all the evidence in the light most favorable to the plaintiff, and ask whether a jury could find in their favor. |
| Reasoning: | Not much reasoning here-- just pointing out that the facts make it seem like maybe Stop & Shop was in fact careless. |
| Dicta: | |