 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
K Mart Corporation v. Rhyne6/4/1996
OPINION
This is a premises liability case in which the appellee, Allie Louise Rhyne, slipped and fell in the appellant's store (K Mart Corporation) in Longview, Texas, on March 7, 1991. Allie Rhyne and her husband, Curtis Olin Rhyne, brought a negligence suit against K Mart, and the jury awarded damages in the amount of $200,000. Because the jury found K Mart ninety-five percent negligent and Allie Rhyne five percent negligent, her damages were reduced to $190,000. The jury also awarded $10,500 in damages to her husband. Both were also awarded prejudgment interest. *fn2
On March 7, 1991, Rhyne was shopping in the garden section of the Longview K Mart when she tripped and fell on a three-inch metal plate protruding from the concrete floor. The metal plate on which Rhyne fell was embedded in the middle of the concrete walkway and was used to hold a pipe that ran between the concrete and the fence to stabilize the fence. She blacked out after she fell. When she awoke, she could not move, and her foot was caught underneath the metal plate upon which she had stumbled. After she freed her foot, she crawled several feet and collapsed. Rhyne sustained injuries to her face, neck, and back.
Sharon Moore, the assistant manager on duty at the time of Rhyne's fall, was summoned by another employee. Moore filled out an accident report with Rhyne, listing the cause of Rhyne's fall as "inadequate guard of fence." Moore admitted that the metal plate was a dangerous and hazardous condition and that it was K Mart's responsibility to repair the condition.
Rhyne's husband testified that he has been under stress seeing his wife in pain every day and that the two of them have not slept together since Rhyne's accident. He also testified that he must now perform what were previously his wife's household duties, such as cooking and gardening. Finally, he testified that the two are not able to travel in his retirement years, as they had planned before his wife's injuries.
Dr. Roy Randall Northcutt, a chiropractor, testified that Rhyne has a very limited range of motion in her neck and that her condition is permanent. Dr. Frank R. Jackson, Rhyne's family doctor, testified via videotape that Rhyne will continue to have medical problems in the foreseeable future.
By its first point of error, K Mart contends that the trial court erred in rendering judgement on the verdict because the evidence was legally insufficient to support the jury's answer to question one, which addressed K Mart's negligence. Because K Mart did not have the burden of proof on this issue, it must demonstrate on appeal that there was no evidence to support this finding. Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex. 1983). In reviewing a no evidence point, we consider only the evidence and inferences that tend to support the finding, disregarding all evidence and inferences to the contrary. Weirich v. Weirich, 833 S.W.2d 942, 945 (Tex. 1992); Havner v. E-Z Mart Stores, Inc., 825 S.W.2d 456, 458 (Tex. 1992); E-Z Mart Stores, Inc. v. Hale, 883 S.W.2d 695, 699 (Tex. App.-Texarkana 1994, writ denied). If there is any probative evidence to support the finding, we must uphold the verdict. Southern States Transportation, Inc. v. State, 774 S.W.2d 639, 640 (Tex. 1989); Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987) (stating that if there is "more than a scintilla of evidence" to support the finding, a no evidence point fails); In re King's Estate, 150 Tex. 662, 664, 244 S.W.2d 660, 661 (1951).
The Texas Supreme Court listed the elements in a premises liability negligence case as follows:
"(1) Actual or constructive knowledge of some condition on the premises by the
Page 1 2 3 4 5 6 7 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|