Legal Opinion

Donna M. Bersett v. K-Mart Corporation

Court of Appeals for the Eighth Circuit

Decided April 13, 1989No. 88-1079PublishedCited by 7 opinions

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

  1. Gustafson v. BendaSupreme Court of Missouri · 1983
  2. Hudson v. CarrSupreme Court of Missouri · 1984
  3. Means v. Sears, Roebuck & Co.Supreme Court of Missouri · 1977
  4. Edward L. Flanigan v. Burlington Northern Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1980
  5. Cox v. JC Penney Co., Inc.Supreme Court of Missouri · 1987

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Maxine L. Derby v. Godfather's Pizza, Inc.Court of Appeals for the Eighth Circuit · 1995
  2. Western Fireproofing Co. v. W.R. Grace & CompanyCourt of Appeals for the Eighth Circuit · 1990
  3. Donna M. Bersett v. K-Mart CorporationCourt of Appeals for the Eighth Circuit · 1989
  4. Todd Gander v. Fmc CorporationCourt of Appeals for the Eighth Circuit · 1990
  5. Todd Gander v. Fmc CorporationCourt of Appeals for the Eighth Circuit · 1990

2 more not listed; retrieve them via the Exa API.

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