Wal-Mart Stores, Inc. v. Tuck

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Pearl Slay Tuck sued Wal-Mart Stores, Inc., seeking to recover compensatory and punitive damages for an injury she suffered in a fall that, she alleged, was caused by Wal-Mart's negligence. The jury returned a $40,000 verdict in favor of Tuck, and the court entered a judgment on that verdict. Wal-Mart appeals, contending: (1) that the trial court erred in instructing the jury on "affirmative creation of a hazard" when, according to Wal-Mart, there was no evidence…