Doris Vicknair v. Sears, Roebuck & Co. And Allstate Insurance Company

POLITZ, Circuit Judge:

Doris Vicknair appeals an adverse judgment on a jury verdict, contending that the trial judge erred in charging the jury and in granting a partial directed verdict to Sears, Roebuck & Co. Finding no error of law, we affirm.

Background

On Christmas Eve 1977, Vicknair was shopping at the Sears outlet in the Clear-view Shopping Center, Metairie, Louisiana. As she entered the store she noticed a young boy swinging on an almost empty clothing rack. Shortly thereafter, while Vicknair waited in line to pay for her purchases, the child toppled the rack which knocked Vicknair to…