Holden v. Wal-Mart Stores, Inc. case brief

Holden v. Wal-Mart Stores, Inc. case brief summary
608 N.W.2d 187 (2000)

CASE SYNOPSIS

In slip and fall case, plaintiff appealed judgment of the Scotts Bluff County District Court (Nebraska), which awarded plaintiff damages in the amount of $ 3,600, after jury found defendant to be 60 percent negligent and plaintiff 40 percent negligent and awarded damages in the amount of $ 6,000.

CASE FACTS
Plaintiff fell after stepping in a hole in the parking lot of a store owned by defendant. During trial, plaintiff offered evidence of instances at other of defendant's stores involving falls due to the condition of the pavement in those stores' parking lots. Trial court excluded this evidence on the basis that its probative value was outweighed by potential for prejudice.

ARGUMENT
Plaintiff appealed trial court's judgment, contending that trial court erred in refusing to allow her to present evidence of similar falls occurring at other of defendant's stores and that the amount of damages awarded was inadequate.

DISCUSSION

• The court affirmed trial court's judgment, concluding that plaintiff failed to show how falls at other locations were substantially similar to her fall and that the damages awarded by jury were supported by the record. 
• The report of falls portrayed in plaintiff's exhibit occurred at different locations, under a wide variety of circumstances.

CONCLUSION
Judgment affirmed; plaintiff failed to show how falls at other of defendant's stores were substantially similar to her fall, and damages awarded by jury were supported by the record.

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