CLARK v. K-MART CORP.

Docket No. 212749.

617 N.W.2d 729 (2000)

242 Mich. App. 137

Annie CLARK and Walter Clark, Plaintiffs-Appellees, v. K-MART CORPORATION, Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 4, 2000, at 9:05 a.m.

Released for Publication October 3, 2000.


Attorney(s) appearing for the Case

Lopatin, Miller, Freedman, Bluestone, Herskovic & Domol (by Richard E. Shaw), Southfield, for the plaintiffs.

Cothorn & Stanczyk (by Suzanne C. Stanczyk), Detroit, for the defendant.

Before O'CONNELL, P.J., and MICHAEL J. KELLY and WHITBECK, JJ.


O'CONNELL, P.J.

In this negligence action defendant appeals as of right from a judgment, following a jury trial, awarding plaintiffs $50,000, as well as costs and attorney fees. We reverse.

The testimony at trial established that plaintiff Annie Clark and her husband, plaintiff Walter Clark, visited defendant's Super Kmart store in Dearborn at approximately on October 8, 1994. As they walked through a closed checkout lane into the store, Mrs. Clark sustained...

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