DALY V. BERGSTED 126 N.W.2d 242 (1964) CASE BRIEF

DALY V. BERGSTEDT

126 N.W.2d 242 (1964)

NATURE OF THE CASE: Bergstedt (D), contractors and their employee, appealed from an order which denied their motion for judgment notwithstanding the verdict or for a new trial and their motion to set aside an order granting indemnity to defendant, storeowners, in the personal injury action of Daly (P), the trustee of a deceased injured patron.

FACTS: While shopping at D's store on June 26, 1957, P fell and was injured. Her left foot struck a pile of masonite molding placed directly across the aisle, causing her to fall to the floor. Prior to the fall, an employee of a contractor had moved a bundle of molding sheets out into the aisle where P fell. These sheets were dark in color, as was the floor, and 6 inches in height. The store was open for business as usual during remodeling. No special arrangements were made between D and the contractor with reference to the areas of work while the alterations were being made. The aisle was clear when P entered the store. It appears that immediately after the fall P was dazed. When she completely regained her senses, she found that she was lying on top of cans of staples contained in the bags. She could not move her left leg or left side and was in severe pain. She was taken to her home and from there transferred to the hospital in Farmington. Five days later it was found that her left leg had been fractured below the knee. Two days after the fall, P noticed a bruise, a black and blue mark, on her left breast. This black and blue mark was noticed by both the nurses at the hospital and a friend. She remained in the hospital for 3 weeks. Eventually after some time, P noticed that the bruise on her left breast was getting yellow. On August 16, 1958, approximately 14 months following the fall, P found a large lump on her breast located at the same spot as the bruise. Examinations disclosed the presence of cancer and the breast was removed by radical mastectomy the next day. After the operation she no longer suffered the pain and discomfort in the left side which she had experienced since the time of the accident. But the disease spread to other parts of her body. X-ray and other medical treatments failed to stop the spread of the cancer. Four months prior to the accident she had been examined by Dr. Jane Hodgson. At that time her breasts were normal, no tumors or lumps were found, and aside from having some hypertension and being overweight, the plaintiff was in good physical condition. P got the verdict and D eventually appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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