Legal Opinion

Kmart Corp. v. Peak

Supreme Court of Alabama

Decided September 24, 1999No. 1971282PublishedCited by 9 opinions

1Opinion of the Court

Kmart Corporation appeals from a judgment entered on a jury verdict in favor of Eugene Peak in Peak's premises-liability action seeking damages for physical injuries. We affirm.

The facts of this case are undisputed. Eugene Peak, then age 64, was injured on December 13, 1995, in the defendant Kmart's store in Cullman, by an automatic door. The door had been manufactured by Gyrotech, Inc., and installed by Universal Door Systems, Inc. ("Universal"). The accident occurred as Peak was attempting to enter the store to shop for Christmas gifts. Because he had not fully recovered from a stroke he…

2Cases cited6 opinions

  1. Alfa Mut. Ins. Co. v. RoushSupreme Court of Alabama · 1998
  2. Burlington Northern R. Co. v. WhittSupreme Court of Alabama · 1990
  3. Mims v. Jack's RestaurantSupreme Court of Alabama · 1990
  4. Norris v. Wal-Mart Stores, Inc.Supreme Court of Alabama · 1993
  5. Hyde v. WagesSupreme Court of Alabama · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Shiv-Ram, Inc. v. McCalebSupreme Court of Alabama · 2004
  2. Edwards v. Intergraph Services Co., Inc.Court of Civil Appeals of Alabama · 2008
  3. Yelder v. Credit Bureau of Montgomery, L.L.C.District Court, M.D. Alabama · 2001
  4. Teitel v. Wal-Mart Stores, Inc.District Court, M.D. Alabama · 2003
  5. Fuller v. Exxon Corp.District Court, S.D. Alabama · 1999

4 more not listed; retrieve them via the Exa API.

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