Holden v. Wal-Mart Stores, Inc.

The appellant, Debra J. Holden, fell after stepping in a hole in the parking lot of a store owned by the appellee, Wal-Mart Stores, Inc. Holden subsequently underwent knee replacement surgery and sustained medical bills of at least $25,000. During trial, Holden offered evidence of instances at other Wal-Mart stores involving falls due to the condition of the pavement in those stores’ parking lots. The district court excluded the evidence on the basis that its probative value was outweighed by the potential for prejudice under Neb. Rev. Stat. § 27-403 (Reissue 1995).

Evidence at trial indicated…