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TESTA v. WAL-MART STORES, INC.

No. 97-2079.

144 F.3d 173 (1998)

Louis R. TESTA, Plaintiff, Appellee, v. WAL-MART STORES, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 21, 1998.

Attorney(s) appearing for the Case

George R. Moore, with whom Bret D. Gifford and Devine, Millimet & Branch, P.A. were on brief, for Appellant.

Stewart S. Richmond, Jr., with whom Scott H. Harris and McLane, Graf, Raulerson & Middleton, P.A. were on brief, for Appellees.

Before TORRUELLA, Chief Judge, SELYA and LYNCH, Circuit Judges.

SELYA, Circuit Judge.

Defendant-appellant Wal-Mart Stores, Inc. (Wal-Mart) insists that the jury verdict in this piscine personal injury case results from instructional error. After careful perlustration of the record, we conclude that Wal-Mart is fishing in an empty stream.

I. BACKGROUND

Plaintiff-appellee Louis R. Testa worked as a truck driver for Heavenly Fish, a wholesaler of tropical fish. On February 2, 1993, Testa arrived at a brand new Wal...

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