Monforti v. K-Mart, Inc.

PETERSON, Chief Judge.

Maryann Monforti, her husband and two children, appeal a final judgment entered in favor of K-Mart, Inc., after a jury trial. The primary complaint on appeal raised by the Monfortis is the trial court’s denial of their request to issue a res ipsa loquitur instruction to the jury. We agree with the trial court that the request was properly denied.

According to Maryann Monforti’s recollection of the incident giving rise to this suit, she was standing near a K-Mart employee who was stocking hanging file folders on a shelf above merchandise in which she was interested. After…