K-MART CORPORATION v. Butler

This case involves claims based on negligence and on misrepresentation. At trial, at the close of all the evidence, appellant/defendant K-Mart made a motion for a directed verdict on the grounds that plaintiffs' evidence was insufficient to establish K-Mart's negligence and was insufficient to establish the alleged misrepresentation. The trial court denied the motion and sent the case to the jury on both counts. The jury returned a verdict against K-Mart, and the trial court entered judgment thereon. Without making any post-trial motions, K-Mart appealed to this Court.

On appeal, K-Mart argues…