Roddey v. Wal-Mart Stores East, LP

I respectfully dissent. While I agree with Chief Judge Few that there is evidence of Wal-Mart’s negligence in this matter that was foreseeable, I do not agree that the jury’s finding that Hancock was 65% negligent renders Hancock 65% negligent as a matter of law, and that this jury finding is binding on Roddey as to his cause of action against Wal-Mart, considering that Wal-Mart’s negligence was not factored into the jury’s determination. Further, I disagree with Judge Short’s determination that Wal-Mart was entitled to a directed verdict because there was no proximate cause as a matter of…