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K-MART CORP. v. GIPSON

No. 41A01-9001-CV-37.

563 N.E.2d 667 (1990)

K-MART CORPORATION, Defendant-Appellant, v. Floyd GIPSON and Frances Gipson, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

December 13, 1990.

Attorney(s) appearing for the Case

Michael V. Gooch, Edward R. Hannon, Harrison & Moberly, Indianapolis, for defendant-appellant.

John R. Helm, Schreckengast, Lovern & Helm, Indianapolis, for plaintiffs-appellees.

BAKER, Judge.

Defendant-appellant, K-Mart Corporation (K-Mart), brings this appeal challenging a $275,000 jury verdict entered in favor of plaintiff-appellees, Frances and Floyd Gipson (the Gipsons). The Gipsons sued K-Mart for personal injuries Frances suffered in an incident involving a falling display rack at a K-Mart store. K-Mart raises four issues for our review which are:

I. Whether the trial court erred in giving the jury an instruction concerning...

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