Cloninger v. Wal-Mart Stores, Inc.

Summary

The Alabama Supreme Court affirmed a defense verdict for Wal-Mart in a negligence and wantonness action arising from a boxed fan that struck a customer in a store. The court held that the evidence supported the verdict, found no error in limiting evidence of prior falling-merchandise incidents to comparable incidents at the same store, and upheld judgment as a matter of law on the wantonness claim.

Holdings

1. The jury's verdict for Wal-Mart on the negligence claim was supported by sufficient evidence and was not plainly and palpably wrong.
2. The trial court did not err by limiting evidence of falling-merchandise incidents to sufficiently relevant incidents at the Gadsden store involving items stacked high and falling onto customers.
3. The trial court properly entered judgment as a matter of law for Wal-Mart on the wantonness claim because the plaintiffs presented no substantial evidence of wantonness.

Questions Presented

1. Whether the jury's verdict for Wal-Mart on the negligence claim was plainly and palpably wrong or unsupported by sufficient evidence.
2. Whether the trial court abused its discretion by excluding evidence of falling-merchandise incidents at Wal-Mart stores other than the Gadsden store.
3. Whether the trial court properly entered judgment as a matter of law for Wal-Mart on the wantonness claim.

Disposition

affirmed