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Byers v. Contemporary Industries Midwest, Inc.

Citations: 419 N.W.2d 396; 1988 Iowa Sup. LEXIS 21; 1988 WL 11195Docket: 86-1826

Court: Supreme Court of Iowa; February 17, 1988; Iowa; State Supreme Court

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Dennis R. Byers and Jackie Byers appealed a negligence ruling against Contemporary Industries Midwest, Inc., following an injury Dennis sustained while entering a convenience store on January 16, 1984. Byers slipped on a strip of snow and ice along the curb after parking two feet away. The trial court determined that the store was not negligent, applying the standard of care from *Hanson v. Town Country Shopping Center*, which holds store owners liable for injuries if they are aware of a dangerous condition and the invitee is unlikely to recognize or protect themselves from the danger.

On appeal, the Byers argued for a higher standard of care specifically for convenience store owners, suggesting that the fast-paced environment creates distractions similar to those seen in cases involving merchandise displays. The court rejected this argument, emphasizing that a store's design for convenience does not constitute a specific distraction. The appellate court affirmed the trial court's findings, concluding that the Byers failed to prove negligence on the part of the defendant, confirming that the correct standard of care had been applied.