Legal Opinion

Bertha Jolivette Zeno v. The Great Atlantic and Pacific Tea Company, D/B/A a & P Food Stores

Court of Appeals for the Fifth Circuit

Decided October 24, 1986No. 86-4127PublishedCited by 32 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

The defendant, a grocery store company, appeals from an adverse jury verdict in a “slip and fall” case that came to the district court on removal from Louisiana state court. The issues are: (1) whether the jury’s finding of liability was clearly erroneous and unsupported by the evidence; and (2) whether the jury’s damages figure, $95,000.00, was so clearly erroneous as to “shock the conscience of the court.”

We find that the record sufficiently supports both the findings on liability and damages, and accordingly affirm.

I. FACTS

On a rainy Sunday in Lafayette, Louisiana,…

2Cases cited21 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
  3. Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
  4. Kavlich v. KramerSupreme Court of Louisiana · 1975
  5. Gonzales v. Winn-Dixie Louisiana, Inc.Supreme Court of Louisiana · 1976

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

3Cited by32 opinions

  1. Foradori v. HarrisCourt of Appeals for the Fifth Circuit · 2008
  2. Felix Shushany, and Shepard Bartnoff v. Allwaste, Inc., and Raymond L. NelsonCourt of Appeals for the Fifth Circuit · 1993
  3. In The Matter Of T-H New Orleans Limited Partnership, DebtorCourt of Appeals for the Fifth Circuit · 1997
  4. La Day v. Catalyst Technology, Inc.Court of Appeals for the Fifth Circuit · 2002
  5. Hernandez v. M/V RajaanCourt of Appeals for the Fifth Circuit · 1988

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

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