Zernia v. Capitol Court Corp.

Summary

The Wisconsin Supreme Court affirmed a judgment for Capitol Court Corporation in an action arising from Mrs. Zernia’s fall on an icy shopping-center parking lot. The court held that the evidence supported the jury’s finding that the defendant maintained the lot as safely as its nature reasonably permitted under Wisconsin’s safe-place statute and that the trial court properly denied a motion for a new trial based on newly discovered evidence. On rehearing, the court clarified that the safe-place statute imposed a higher duty than ordinary care but did not create absolute liability or make the owner an insurer.

Holdings

1. The evidence supported the jury's finding that Capitol Court maintained the parking lot as free from danger as the nature of the lot reasonably permitted; the safe-place statute did not require the owner to make the parking lot absolutely safe or to sand every square foot before the accident.
2. The trial court did not abuse its discretion in denying a new trial because the newly discovered evidence would not make a different result reasonably probable and was primarily impeaching rather than proof of conflicting material facts.
3. The Wisconsin safe-place statute imposes an absolute duty to make the place as free from danger as the nature of the employment or place reasonably permits, but it does not impose absolute liability or make the employer an insurer.

Questions Presented

1. Whether credible evidence supported the jury's finding that the defendant complied with its safe-place statutory duty.
2. Whether the trial court abused its discretion in denying a new trial based on newly discovered evidence.
3. Whether the damages were inadequate.

Disposition

affirmed