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WAL-MART STORES, INC. v. TUCK

AV93000809.

671 So.2d 101 (1995)

WAL-MART STORES, INC. v. Pearl Slay TUCK.

Court of Civil Appeals of Alabama.

Rehearing Denied July 14, 1995.

Certiorari Denied November 9, 1995.

Attorney(s) appearing for the Case

Nicholas B. Roth and Jenny L. McLeroy of Eyster, Key, Tubb, Weaver & Roth, Decatur, for Appellant.

Stephen D. Heninger of Heninger, Burge & Vargo, Birmingham, for Appellee.

Alabama Supreme Court 1941664.

YATES, Judge.

Pearl Slay Tuck sued Wal-Mart Stores, Inc., seeking to recover compensatory and punitive damages for an injury she suffered in a fall that, she alleged, was caused by Wal-Mart's negligence. The jury returned a $40,000 verdict in favor of Tuck, and the court entered a judgment on that verdict. Wal-Mart appeals, contending: (1) that the trial court erred in instructing the jury on "affirmative creation of a hazard...

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