Armstrong v. Wal-Mart Stores East, L.P.

Williams, PJ.

Before dawn on the day after Thanksgiving — “Black Friday” — in 2010, the plaintiff, Adrianne Armstrong (“Armstrong”), tripped on the base of a temporary crowd-control fence outside a store operated by Wal-Mart Stores East, L.P. (‘Wal-Mart”). At the trial of her personal injury claim against Wal-Mart, a jury found Wal-Mart not negligent. Armstrong argues that the trial judge’s jury instructions concerning open and obvious dangers were erroneous, and that certain expressions the judge used in his instructions invited the jury to cut its deliberations short, to Armstrong’s apparent…