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WASSON v. BREWER'S FOOD MART, INC.

No. 52,512

7 Kan. App. 2d 259 (1982)

640 P.2d 352

FLORENCE LEE WASSON, Appellee, v. BREWER'S FOOD MART, INC., Appellant, and PEPSI-COLA GENERAL BOTTLERS, INC., Appellant.

Court of Appeals of Kansas.

Petition for review denied April 14, 1982.

Attorney(s) appearing for the Case

Monti L. Belot and Mitchell S. Pettit, of Weeks, Thomas & Lysaught, Chartered, of Kansas City, for appellant Brewer's Food Mart, Inc.

Jerome V. Bales, of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, for appellant Pepsi-Cola General Bottlers, Inc.

Charles D. Kugler, of Kugler and Dickerson, of Kansas City, for the appellee.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

BULLOCK, J.:

This appeal arises from an action in which Florence Wasson recovered for personal injuries which she sustained from a broken Pepsi-Cola bottle while shopping in Brewer's Food Mart. At the jury trial below only Mrs. Wasson presented evidence, Brewer's and Pepsi electing to stand on their unsuccessful motions for directed verdict. The jury found plaintiff's damages to be $86,000.00 and fixed the comparative degree of negligence at: Plaintiff, 22%; Brewer...

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