Kochanski v. Speedway SuperAmerica, LLC

Plaintiff was injured when he slipped or tripped on a curb outside a Speedway SuperAmerica, LLC convenience store. Plaintiff sued, alleging that Speedway violated its common law duty of care and the safe-place statute. During trial, based on Speedway’s decision not to call any former employees who had been on duty at the time of the accident as witnesses, Plaintiff requested and the trial court gave an absent witness instruction. A jury returned a verdict in favor of Plaintiff, and the circuit court affirmed the jury’s verdict. The court of appeals reversed, concluding that the circuit court erroneously gave the absent witness instruction. The Supreme Court affirmed, holding that the circuit court erred in giving the absent witness instruction, and the instruction was prejudicial. Remanded for a new trial. View "Kochanski v. Speedway SuperAmerica, LLC" on Justia Law