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BEARD v. K-MART CORP.

No. 20000095-CA.

12 P.3d 1015 (2000)

2000 Utah Ct. App. 285

Darlene BEARD, Plaintiff and Appellee, v. K-MART CORPORATION, Defendant and Appellant.

Court of Appeals of Utah.

October 19, 2000.

Attorney(s) appearing for the Case

M. David Eckersley, Prince, Yeates Geldzahler, Salt Lake City, for Appellant.

William R. Rawlings, Draper, for Appellee.

Before Judges BILLINGS, ORME, and THORNE.

OPINION

BILLINGS, Judge:

¶ 1 Defendant/appellant K-Mart Corporation (K-Mart) appeals the trial court's denial of its motion for a partial directed verdict. We reverse and remand for a new trial.

FACTS

¶ 2 On September 15, 1996, plaintiff/appellee Darlene Beard (Beard) was injured in a K-Mart store when a K-Mart employee struck her in the head with his elbow as he attempted to start a lawnmower. As she fell toward the floor, she...

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