Legal Opinion

Smith v. K-Mart Corporation

Court of Appeals for the First Circuit

Decided May 26, 1999No. 98-1223, 98-1738PublishedCited by 132 opinions

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

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 59 v. Superline Transportation Company, Inc.Court of Appeals for the First Circuit · 1992
  3. Wagenmann v. AdamsCourt of Appeals for the First Circuit · 1987
  4. Correa v. Hospital San FranciscoCourt of Appeals for the First Circuit · 1995
  5. United States v. Frances SladeCourt of Appeals for the First Circuit · 1992

25 more not listed; retrieve them via the Exa API.

3Cited by132 opinions

  1. Astro-Med, Inc. v. Nihon Kohden America, Inc.Court of Appeals for the First Circuit · 2009
  2. Diaz-Fonseca v. Commonwealth of PRCourt of Appeals for the First Circuit · 2006
  3. Limone v. United StatesCourt of Appeals for the First Circuit · 2009
  4. Murphy v. International Robotic Systems, Inc.Supreme Court of Florida · 2000
  5. United States v. NewellCourt of Appeals for the First Circuit · 2011

127 more not listed; retrieve them via the Exa API.

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