DURSO v. WAL-MART STORES, INC.


270 A.D.2d 877 (2000)

705 N.Y.S.2d 157

THERESA DURSO, Respondent, v. WAL-MART STORES, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 29, 2000.


Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover damages for the personal injuries that she sustained when 19 boxes fell off an overhead riser at defendant's store, striking her. Following a nonjury trial, Supreme Court, applying the doctrine of res ipsa loquitur, found defendant liable and awarded plaintiff $30,000 for past and future pain and suffering. We reject the contention of defendant that the doctrine...

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