Russell v. K-Mart Corp.

HOLLAND, Justice:

Vicki Lynn Russell (“Russell”) and John Russell appeal from a final judgment entered by the Superior Court. The predicate for that judgment was a jury verdict in a negligence action. The issue at trial was the nature of Russell’s injuries arising from an incident at a K-Mart retail store when Russell was struck by merchandise as it fell from a store shelf.

The appellants have raised three issues on appeal. First, appellants claim the trial judge abused his discretion and erred as a matter of law in excluding expert testimony on the issue of proximate cause. Sec ond, the…