Heiner v. Kmart Corp.

Opinion

SEPULVEDA, J.

Kmart Corporation (Kmart) timely appeals from a final judgment, entered after a jury trial, by which Kmart was held liable for negligence, battery, and negligent infliction of emotional distress, and ordered to pay compensatory damages totaling $3.8 million to respondent George Heiner, a dentist who was injured in an altercation with a Kmart security guard. Kmart contends that the trial court erred by (1) excluding evidence that Heiner was operating his dental practice in violation of certain provisions of the Business and Professions Code and was, thus, not entitled to…