William J. Meyers, Plaintiff-Appellee/cross-Appellant v. Wal-Mart Stores, East, Inc., D/B/A Wal-Mart, Defendant-Appellant/cross-Appellee

OPINION

GILMAN, Circuit Judge.

William J. Meyers, a 65-year-old claimant, slipped and fell on loose cardboard in the empty-box area at a Sam’s Club store. The fall fractured his hip, causing him to undergo hip-replacement surgery. Meyers’s rehabilitation process greatly aggravated his preexisting arthritic condition.

After a nine-day jury trial, during which three of the original seven jurors were dismissed by the district court with the consent of both parties, this negligence action was submitted to the remaining four jurors. The jury returned with a verdict in favor of Meyers in the amount of…