Harris v. Shopko Stores, Inc.

On Certiorari from the Utah Court of Appeals.

Chief Justice DURRANT,

opinion of the Court:

INTRODUCTION

{1 Wendy Harris was injured when she sat on a display office chair at ShopKo Stores, Inc. (ShopKo), and the chair collapsed. She sued ShopKo for negligence. At the trial, evidence was introduced that she suffered from preexisting conditions that may have contributed to her injury. The trial court instructed the jury that, if it could, it should apportion damages between those attributable to ShopKo's negligence and those attributable to her preexisting conditions. The jury found ShopKo…