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WIESELER v. SISTERS OF MERCY HEALTH CORP.11/22/1995
ch he fell was slippery, knew he should walk with caution, and did not inform the security guard of the slippery conditions.
We believe that it would be reasonable for a jury to conclude that the hospital should have realized the hidden danger presented to persons venturing into the lot where slippery conditions could be present. Moreover, we believe that even though Alvin knew of the potential danger presented by the slippery conditions, the hospital should have realized he might fail to protect himself from the condition due to the fact there is only one common entrance/exit to the parking lot. We believe the evidence was such that the jury could reasonably conclude that Alvin knew the parking lot driveway was frosty but did not realize how slippery it was when going downhill with his arms full of hospital-stay related items.
The fact that the jury found Alvin fifty percent at fault under the comparative negligence instruction, for not keeping a proper lookout for his safety when entering the parking lot, does not preclude submitting to the jury the issue of defendant's alleged negligence in not exercising due care to make defendant's premises safe for Alvin's use.
After considering the law and facts in this case, we conclude a jury question was properly generated and there was no basis to justify vacating the jury's verdict. See Konicek, 457 N.W.2d at 619 (affirming district court's decision to overrule a motion for judgment notwithstanding the verdict in premises liability case when the evidence presented several jury questions on Restatement (Second) of Torts section 343 and 343A issues); Iowa R. App. P. 14(f)(10).
VI. Conclusion. We vacate the court of appeals decision, reverse the district court's grant of defendant's motion for judgment notwithstanding the verdict, and remand with instructions to reinstate the judgment previously rendered in favor of the plaintiffs.
DECISION OF THE COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND REMANDED.
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