For Every Body
Darren Nelson
Business and Employment Law
September 30, 2007
Case Study #2
Facts
On September 16, 1993 Harold Martin was shopping in the sporting goods section of Wal-Mart. As he walked past several pallets of shotgun shells he slipped and fell on some loose shotgun pellets that had fallen onto the floor. He lost feeling in his legs at several different times thereafter and ultimately was diagnosed by qualified persons with permanent paralysis to the front half of his left foot. In a lower court the jury found for the plaintiff, citing Wal-Mart did not exercise due care in removing the hazards that presented themselves. Wal-Mart appealed to the United States Court of Appeals, Eighth Circuit.
Issues
Did Martin establish that Wal-Mart had either actual or constructive notice of the hazard on the floor? Did the jury instructions fail to accurately state Missouri law? Was the jury prejudiced by improper comments by Martin's counsel during closing arguments?
Decision
The......
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Approximate Word Count: 771
Approximate Pages: 4 (250 words per double-spaced page)
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