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WHITE v. WAL-MART STORES, INC.

Civil No. 93-CV-6071L.

921 F.Supp. 1046 (1996)

Elsa M. WHITE, Plaintiff, v. WAL-MART STORES, INC., Defendant.

United States District Court, W.D. New York.

April 24, 1996.

Attorney(s) appearing for the Case

Norman A. Palmiere, Palmiere & Pellegrino, Rochester, NY, for plaintiff.

Michael J. Kanaley, Jr., Kenney, Kanaley, Shelton, Notaro, Liptak & Laing, L.L.P., Buffalo, NY, for defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

BACKGROUND

Plaintiff, Elsa M. White, commenced this diversity action seeking damages for injuries suffered on July 9, 1991, while she was shopping at a store owned by defendant Wal-Mart Stores, Inc. Plaintiff's first metatarsal bone in her right foot was broken when one of defendant's employees dropped a ladder on her foot.

On November 28, 1995, after a jury trial, the jury returned...

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