Hardesty v. Coastal Mart, Inc.

The opinion of the court was delivered by

Six, J.:

This case reviews district court discretion in the context of party stipulations in a pretrial order. The focus is on admissibility *646of medical records of six previous falls as evidence of habit in a trip and fall personal injury case. The plaintiff, Gloria Hardesty, was injured in a fall after purchasing gasoline at a station owned by defendant, Coastal Mart, Inc. (Coastal). The jury assessed 90% fault against Coastal and 10% against Hardesty. Hardesty was awarded damages of $177,712.48, including $150,000 for pain and suffering. Coastal…