Legal Opinion
Westphal v. Wal-Mart Stores, Inc.
California Court of Appeal
Decided December 18, 1998No. C028293PublishedCited by 21 opinions
1Opinion of the Court
Opinion
SCOTLAND, J.
Wal-Mart Stores, Inc. (defendant) appeals from the judgment in favor of Betty Westphal (plaintiff) in this personal injury action arising out of a slip-and-fall accident that occurred on defendant’s property. Defendant contends the judgment must be reversed because the amount of damages awarded is excessive. Plaintiff retorts that the appeal is frivolous and asks for sanctions.
We shall affirm the judgment and grant plaintiff’s request for sanctions. As we will explain, this appeal is frivolous because it indisputably has no merit.
The case was tried fairly in the superior…
2Cases cited13 opinions
- Marlin SARCHET, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1996
- In Re Marriage of FlahertyCalifornia Supreme Court · 1982
- Bertero v. National General Corp.California Supreme Court · 1974
- Sigrid R. CLINE, Appellant, v. Louis W. SULLIVAN, AppelleeCourt of Appeals for the Eighth Circuit · 1991
- Pool v. City of OaklandCalifornia Supreme Court · 1986
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3Cited by21 opinions
- Pierotti v. TorianCalifornia Court of Appeal · 2000
- Toscano v. Greene MusicCalifornia Court of Appeal · 2004
- Humetrix, Inc. v. Gemplus S.C.A.Court of Appeals for the Ninth Circuit · 2001
- Kelly v. CB&I CONSTRUCTORS, INC.California Court of Appeal · 2009
- Pollock v. University of Southern CaliforniaCalifornia Court of Appeal · 2003
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