Smith v. Ernst Hardware Co.

— Phyllis Smith was injured July 14, 1959, while making a purchase in the Ernst Hardware Company store at Northgate in Seattle, when a box containing a light fixture fell and struck her head.

The community of Phyllis Smith and Robert L. Smith, Jr., her husband, commenced this action against the Ernst Hardware Company to recover for her damages. Phyllis Smith will be referred to hereinafter as though she were the sole plaintiff.

At the trial, the defendant admitted liability; therefore, the only issue submitted to the jury was the amount of the damages. The jury returned a verdict for the…