BUSA 2106 Lecture Notes - Lecture 6: Res Ipsa Loquitur, Jury Trial, Aisle
28 Sep 2016
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Who: appellant - kinney, kemp, sponcler, joiner & tharpe, f. gregory melton, dalton. Appellees willis, mckenzie & long, charles j. willis, lagrange. What: in this premises liability action, kmart corporation appeals, following a jury trial, from a judgment in favor of kathryn and vernon larsen, contending the trial court erred by charging the jury on res ipsa loquitur. The jury was presented two theories of the case. The shelves fell either as a result of ms. Larsen, who was 85 years old, having bumped into them or as a result of kmart"s negligence which was inferred by res ipsa loquitur. The evidence showed that the larsens were shopping at a kmart store in lagrange. Ms. larsen had turned back down the aisle, she felt something hit her on the head, and shelving fell down on and around her. Ms. larsen suffered various injuries as a result.
