Gorman v. Walmart Stores, Inc.

Wal-Mart Stores, Inc. (“Wal-Mart”) appeals a jury verdict in favor of Gerald Gorman in a case arising out of a fall Gorman took on the ice in front of its Hyper-Mart Store in Kansas City, Missouri. The jury awarded Gorman $41,-250.00. In this appeal, Wal-Mart contends that the trial court erred in giving the verdict directing instruction because (1) it improperly failed to include a “tail” from MAI 37.01 or from MAI 22.03 referring to defendant’s affirmative defense instruction, and (2) it improperly placed a larger burden on the defendant than is required by Missouri law. Wal-Mart further…