Vasquez v. Wal-Mart Stores, Inc.

LEHMAN, Justice.

Appellants Lori Maerz 1 (Maerz) and her two minor children brought a negligence action against appellee Wal-Mart Stores, Inc. (Wal-Mart) for personal injury damages after folding chairs fell from a display and struck Maerz. After a trial on the merits, a jury returned a verdict finding no negligence on the parts of either Wal-Mart or Maerz. Appellants contend that the district court erred in instructing the jury that damage or injury is not in itself sufficient to show negligence.

Because we affirm the district court, we need only address the issue:

Did the district court commit…