Bud's Outlet v. Smith

Bud's Outlet and Wal-Mart Stores, Inc. ("Bud's") appeal from a judgment entered on a jury verdict for $60,000 in favor of Patricia Smith. On March 3, 1997, Smith sued Bud's for damages based on injuries she had sustained when she tripped and fell as she was leaving a store operated by Bud's. She tripped on the protruding footrest of a wheelchair located near the exit door. Smith alleged that Bud's had acted negligently or wantonly in regard to the positioning of the wheelchair and had thereby caused the injuries she suffered. In its answer, Bud's asserted the defenses of contributory…