Durso v. Wal-Mart Stores, Inc.

—Judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for the personal injuries that she sustained when 19 boxes fell off an overhead riser at defendant’s store, striking her. Following a nonjury trial, Supreme Court, applying the doctrine of res ipsa loquitur, found defendant liable and awarded plaintiff $30,000 for past and future pain and suffering. We reject the contention of defendant that the doctrine of res ipsa loquitur is not applicable because the boxes were not within its exclusive control. The boxes were stacked four feet high…