Gene Shipp, a Minor, by Raymond Shipp, His Guardian Ad Litem v. 'Bud' Curtis, Dba Bud Curtis' Thrifty-Way Market

This is an action based on diversity of citizenship, 28 U.S.C. § 1332 . Plaintiff is a citizen and resident of the State of Idaho, and the defendant is a resident and citizen of the State of Washington. The matter in controversy exceeds, exclusive of interest and costs, the sum of $10,000.00.

The plaintiff appeals from a judgment in favor of the defendant based upon a jury verdict in his favor, and the order of the District Court denying plaintiff’s motion for judgment notwithstanding the verdict of the jury, or, in the alternative, for a new trial.

It is stated as an admission of fact in the pre-trial order “That on or about June 16, 1960, Gene Shipp, then six years of age, in company with his older brother, Jackie, and his mother, was in the store of the defendant in Cashmere, Washington, as a business invitee. As Gene Shipp was leaving the store, he sustained injuries caused by the breakage of glass installed in the North exit door of the store.”

The complaint charged that the defendant failed to exercise reasonable care for the safety of plaintiff by not providing glass panels in the exit door of the market of sufficient strength and thickness, and that such negligence was…