Zitzow v. Wal-Mart Stores, Inc.

OPINION

JOHN F. THOREEN, Judge. *

This is an appeal by Wal-Mart Stores, Inc. (Wal-Mart) from a jury verdict awarding Diane Zitzow (Zitzow) $98,943.76 in damages for injuries sustained in an accident allegedly caused by Wal-Mart’s negligent use of a retail shelving unit (the shelf).

FACTS

On March 7, 1993, Zitzow was shopping in the automotive department of Wal-Mart. As she knelt down to read an automotive parts manual, two objects fell from the top shelf, striking her on the head and neck. Immediately thereafter, a male customer came from the adjacent aisle and inquired about Zit-zow’s condition.…