LaSell v. Tri-States Theatre Corp.

11 N.W.2d 36 (1943)

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LaSell v. Tri-States Theatre Corp.

Iowa Supreme Court
11 N.W.2d 36 (1943)

Facts

Jennie LaSell (plaintiff) was 64 years old and weighed 223 pounds. LaSell, her daughter, and her granddaughter went to the Des Moines Theater to see a movie. In the theater room where the movie was showing, some of the aisles had a step before entering the aisle and some did not. The aisle that LaSell and her family chose that day had a step up to enter the aisle. When the movie was over, LaSell missed the step to exit the aisle, thinking that the aisle was on the same level as the floor beside the aisle. LaSell lost her footing, fell forward, and hit her head on a metal seat. The theater was still dark when LaSell fell. After the incident, Tri-States Theatre Corporation (Tri-States) (defendant), which owned the Des Moines Theater, remodeled the steps to make them safer. LaSell brought suit against Tri-States. At trial, evidence surfaced that the theater was built according to the customs of other theaters across the industry. The lower court found in favor of Tri-States. LaSell appealed.

Rule of Law

Issue

Holding and Reasoning (Bliss, J.)

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