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SMITH v. KMART CORP.

Nos. 98-1223, 98-1738.

177 F.3d 19 (1999)

Delia A. SMITH & James Orth, etc., Plaintiffs, Appellees, v. KMART CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 20, 1999.

Attorney(s) appearing for the Case

Thomas M. Elcock, with whom Morrison, Mahoney & Miller was on brief, for appellant.

Eric M. Quetglas-Jordán, with whom José F. Quetglas-Jordán, Quetglas Law Offices, Zygmunt G. Slominski, James M. Orr and Francis & Orr, L.L.P. were on brief, for appellees.

Before TORRUELLA, Chief Judge, SELYA, Circuit Judge, and ACOSTA, Senior District Judge.

TORRUELLA, Chief Judge.

Before the Court is defendant-appellant Kmart Corporation's ("Kmart") appeal of a jury verdict in favor of husband and wife plaintiffs-appellees Delia Smith and James Orth. Smith and Orth brought a negligence suit when Smith was struck by a falling ice cooler while shopping with Orth in a Kmart store. The jury awarded Smith and Orth damages totaling $800,590, including $500,000 to Smith and $250,000 to Orth for noneconomic damages. After plaintiffs...

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