Shoup v. Wal-Mart Stores, Inc.

Plaintiff brought this negligence action against Wal-Mart, Inc. (defendant), after one of defendant’s employees injured plaintiff by bumping into her and knocking her to the floor. The jury considered three specifications of negligence and returned a general verdict in plaintiffs favor. The Court of Appeals reversed and remanded the case for a new trial, holding that one of plaintiffs specifications did not state a claim for negligence under Oregon law and that defendant, therefore, was entitled to a new trial under the “we can’t tell” rule that this court announced in Whinston v. Kaiser…