West v. King's Department Store, Inc.

FRYE, Justice.

Plaintiffs’ evidence tends to show that on 7 November 1981, plaintiffs, William and Carolyn West, packed their three children and Mr. West’s mother into their Ford Bronco and set out for the “Giant Liquidation Sale” held that day at King’s Department Store. When they arrived, they found the store quite disorganized and the merchandise displaced and picked-over. Nonetheless, their search for bargains began.

Two dolly hand trucks caught the eye of Mr. West as he browsed through the store. Noticing that the hand trucks were being “eyed” by another shopper, Mr. West decided to…