Boudreaux vs. Wal-Mart Stores Inc, (5th Cir. 1999)

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UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-31268 Summary Calendar CECELIA BOUDREAUX, Plaintiff-Appellee, VERSUS WAL-MART STORES, INC., Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana (97-CV-498-E) July 15, 1999 Before DAVIS, DUHÉ and PARKER, Circuit Judges.

PER CURIAM: * Wal-Mart Stores, Inc. appeals a jury verdict and judgment of $82,493.09 for Plaintiff Cecelia Boudreaux in this personal injury case. We affirm.

Boudreaux tripped and fell over a pallet left in an aisle in the Wal-mart Store located in Harvey, Louisiana, injuring her back and wrist. The jury found that Wal-mart and Boudreaux were each fifty percent negligent in causing the accident and found that Boudreaux suf fered $164,986.17 in damages. The district court reduced the damage award to $82,493.09, reflecting BoudreauxÂ’s comparative fault, and entered judgment.

Wal-Mart appeals, arguing that the evidence was not sufficient to support either liability or the damages awarded. We must affirm a jury verdict, unless reasonable and impartial minds could not have reached the conclusion the jury expressed in its verdict. S ee Liberty Mut. Ins. Co. v. Falgou st , 386 F.2d 248, 253 (5th Cir. 1967). After reviewing the record, we find that the juryÂ’s verdict as to both liability and damages is supported by the evidence.

AFFIRMED.

* Pursuant to 5 TH C IR . R . 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4

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