Harry Roland Harvey, Sr. v. Wal-Mart Stores, Inc.

Because I believe there is sufficient evidence to support the jury’s verdict, I dissent. Harvey testified that the substance was yellow, dirty, and wet in the middle with dried and crusted edges. His companion described it as soapy-looking, foamy, and containing trash and debris. In slip and fall cases, the Arkansas Supreme Court has acknowledged the importance of a foreign object’s condition in determining the length of time it has remained in a particular place where it is likely to cause injury. Jackson v. Hemphill, 245 Ark. 699, 434 S.W.2d 818, 819-20 (1968) (describing cases where banana…