Kathryn and Vernon Larsen v. K-Mart Corportation

Premises Liability - Res ipsa loquitor - Negligence - The jury was presented
two theories of the case. The shelves fell either as a result of
Ms. Larsen, who was 85 years old, having bumped into them or as a
result of Kmart's negligence which was inferred by res ipsa
loquitur. The evidence showed that the Larsens were shopping at a
Kmart store in LaGrange. Walking to the pharmacy, the Larsens
encountered five-foot lengths of shelving which were stacked and
leaning against the shelving unit, partially blocking the aisle.
The Larsens spoke with a Kmart employee, Brenda, who was standing
on a step stool re-arranging the shelving and hanging clothes.
Brenda told the Larsens, who had already passed the stacked
shelving, not to proceed down the aisle any further, but to take a
different route to the pharmacy. After Ms. Larsen had turned back
down the aisle, she felt something hit her on the head, and
shelving fell down on and around her. Ms. Larsen suffered various
injuries as a result. Ms. Larsen could not recall whether she
bumped into the shelving, but she did not think she had. The
trial court charged the jury on premises liability, negligence,
res ipsa loquitur, and plaintiff's duty of care.

Plaintiff's verdict for unknown amount.

Unknown

Unknown

Affirmed by the Georgia Court of Appeals. See: ___ Ga. App. ___ (1999), ___ S.E.2d ___. Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.