Hembree v. Wal-Mart of Kansas

Wahl, J.:

Larry Hembree appeals the refusal of the district court to give a mode-of-operation instruction in a personal injury suit.

While walking through a Wal-Mart store in Kansas City, Kansas, carrying cat food and dog food, Hembree slipped and fell on the floor. He suffered an injury to his knee that eventually required surgery.

After falling, Hembree notified an employee of his fall. The employee directed Hembree to the customer service desk where he provided a written statement of the incident and returned home.

Hembree filed suit against Wal-Mart, alleging the store was negligent in…