Carter v. May Department Store Co.

¶ 1 Appellant, Barbara Carter, appeals from the judgment entered following a jury verdict which found in her favor but awarded no damages. She contends the trial court erred in failing to instruct the jury that it must award damages if it determined tortious conduct was committed by employees of Appellee. Upon review, we vacate the judgment and remand with instructions to enter a judgment for nominal damages in favor of Appellant.

¶ 2 The salient facts are essentially undisputed and may be summarized as follows. On the afternoon of February 24, 2001, Appellant was shopping in a Lord & Taylor…