Mileham

FACTS

I. The Accident and Mileham’s Action

On December 11, 2017, Mileham was walking from the parking lot of a Walmart store in Apple Valley toward an entrance to the store. As Mileham was crossing a marked crosswalk leading to the entrance, William Halbe, who was driving west through the crosswalk but did not see her, struck her with his car. Halbe was aware of the crosswalk as he approached it. However, as Mileham was approaching from the right, Halbe was looking to the left for pedestrians coming out of the store. Halbe was completely blind in his right eye, had glaucoma and the beginning of a cataract in his left eye, and was experiencing glare from the sun. Although there was a pedestrian crossing sign at the crosswalk facing eastbound traffic, there was no similar sign facing westbound traffic.

2 In September 2019, Mileham filed this action against Walmart for premises liability and general negligence. She alleged Walmart had negligently maintained the premises in a dangerous condition. In her subsequent response to a special interrogatory, she claimed Walmart was negligent by failing to install traffic signs and other safety measures at the crosswalk “to warn the…