Smith v. Wal-Mart Stores, Inc.

ROBERT G. DOWD, Jr., Presiding Judge.

Elizabeth Smith, Plaintiff, brought suit for personal injuries on a premises liability theory against Defendant, Wal-Mart Stores, Inc. Plaintiff sustained injury to her back when she slipped and fell upon entering the vestibule of the store. Plaintiffs husband, Joel Smith, brought a derivative action against Defendant for loss of consortium. Finding Wal-Mart 100% at fault, the jury returned a verdict in favor of Plaintiff, awarding her $300,000 and awarding $25,000 to Joel. Judgment was entered against Defendant, and this appeal followed. Defendant asserts…