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DAWSON v. WAL-MART STORES, INC.

No. 92-7077.

978 F.2d 205 (1992)

James DAWSON, Plaintiff-Appellant, v. WAL-MART STORES, INC., Et. Al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 27, 1992.

Attorney(s) appearing for the Case

M. Lee Graves, Clarksdale, Miss., for James Dawson.

W.O. Luckett, Jr., Patricia W. Burchell, Clarksdale, Miss., for Wal-Mart.

Before JONES, BARKSDALE, Circuit Judges, and JUSTICE, District Judge.

JUSTICE, District Judge:

Plaintiff James Dawson, an African-American man, asserts that he suffered a back injury in the store of defendant Wal-Mart Stores, Inc. ["Wal-Mart"] when a rattan display chair in which he was sitting collapsed. At trial, the district court sustained Dawson's request for a peremptory instruction regarding Wal-Mart's liability for selling a product in a defective condition, unreasonably dangerous for its intended use. The only issue submitted...

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