Smith v. K-Mart Corporation
Court of Appeals for the First Circuit
1Opinion of the Court
TORRUELLA, Chief Judge.
Before the Court is defendant-appellant Kmart Corporation’s (“Kmart”) appeal of a jury verdict in favor of husband and wife plaintiffs-appellees Delia Smith and James Orth. Smith and Orth brought a negligence suit when Smith was struck by a falling ice cooler while shopping with Orth in a Kmart store. The jury awarded Smith and Orth damages totaling $800,590, including $500,000 to Smith and $250,000 to Orth for noneconomic damages. After plaintiffs accepted a remittitur of one portion of the award in the amount of $8,611.20, the district court entered final judgment in…
2Cases cited30 opinions
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- Wagenmann v. AdamsCourt of Appeals for the First Circuit · 1987
- Correa v. Hospital San FranciscoCourt of Appeals for the First Circuit · 1995
- United States v. Frances SladeCourt of Appeals for the First Circuit · 1992
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