After a heavy snow and ice storm, a shopkeeper posted signs on his store’s front windows saying, “Beware of falling ice.” A chunk of ice fell off the store’s roof and hit a customer on the s
After a heavy snow and ice storm, a shopkeeper posted signs on his store’s front windows saying, “Beware of falling ice.” A chunk of ice fell off the store’s roof and hit a customer on the sidewalk in front of the store, causing her to suffer a concussion. The customer was texting on her cell phone and was not looking at her surroundings, and did not see the signs. The customer sued the shopkeeper for her injuries in a jurisdiction that retains traditional contributory negligence rules. The above facts were established at trial. At the conclusion of the proofs, both parties moved for a directed verdict. How should the trial judge rule?
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