(DOWNLOAD) "Wal-Mart Stores, Inc. v. Wright" by In the Supreme Court of Indiana * eBook PDF Kindle ePub Free
eBook details
- Title: Wal-Mart Stores, Inc. v. Wright
- Author : In the Supreme Court of Indiana
- Release Date : January 11, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
ON PETITION FOR TRANSFER Factual and Procedural Background Ruth Ann Wright sued for injuries she sustained when she slipped on a puddle of water at the ""Outdoor Lawn and Garden Corral"" of the Carmel Wal-Mart. Wright alleged Wal-Mart was negligent in the maintenance, care and inspection of the premises, and Wal-Mart asserted contributory negligence. By stipulation of the parties, a number of Wal-Mart's employee documents assembled as a ""Store Manual"" were admitted into evidence at the jury trial that followed. Several of these detailed procedures for dealing with spills and other floor hazards. 1 The applicability of the Manual to the open-air lawn and garden corral was disputed. Both the manager of the corral at the time of Wright's fall and a former assistant manager of the store testified that the Manual applied only inside the store, not in the corral. Another former assistant manager of the store first testified that the Manual did not apply to the corral, but then testified that the sections of the Manual dealing with floor hazards and spills did apply. A former general manager of the Carmel store testified that the Manual did not specifically apply to the corral, but ""should be used as a guide to clean up anything that would be considered a hazard."" Finally, Janice Walker, a former Carmel Wal-Mart employee who was reporting for work when she witnessed Wright's fall, testified that she would sweep or ""squeegee"" water in the corral on an ""as required"" basis, usually after a rainfall or plant watering. Walker also testified that she was a member of the store's safety team and that the puddle where Wright fell was of the type Walker would normally sweep or squeegee.
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