Donna M. Bersett v. K-Mart Corporation
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BEAM, Circuit Judge.
Donna Bersett appeals a jury verdict for the defendant, K-Mart Corporation. She contends that the jury was given an improper verdict-directing instruction. We reverse and remand for a new trial.
I. BACKGROUND
On November 11,1985, while shopping at the defendant’s store, Donna Bersett approached and inspected a display of cedar sponge mops with metal squeeze bars. Numerous mops were hung at staggered distances on hooks attached to a peg board wall. As Bersett was handling one of the mops, a second mop fell from the upper portion of the display and struck her in the face,…
2Cases cited12 opinions
- Gustafson v. BendaSupreme Court of Missouri · 1983
- Hudson v. CarrSupreme Court of Missouri · 1984
- Means v. Sears, Roebuck & Co.Supreme Court of Missouri · 1977
- Edward L. Flanigan v. Burlington Northern Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1980
- Cox v. JC Penney Co., Inc.Supreme Court of Missouri · 1987
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- Maxine L. Derby v. Godfather's Pizza, Inc.Court of Appeals for the Eighth Circuit · 1995
- Western Fireproofing Co. v. W.R. Grace & CompanyCourt of Appeals for the Eighth Circuit · 1990
- Donna M. Bersett v. K-Mart CorporationCourt of Appeals for the Eighth Circuit · 1989
- Todd Gander v. Fmc CorporationCourt of Appeals for the Eighth Circuit · 1990
- Todd Gander v. Fmc CorporationCourt of Appeals for the Eighth Circuit · 1990
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