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GARCIA v. WAL-MART STORES, INC.

Nos. 98-1300, 98-1315.

209 F.3d 1170 (2000)

Mary GARCIA, Plaintiff-Appellee-Cross-Appellant, v. WAL-MART STORES, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

April 14, 2000.

Attorney(s) appearing for the Case

A. Peter Gregory (Peter W. Burg, Scott J. Eldredge, Thomas W. Henderson and Diane Vaksdal Smith of Burg Simpson Eldredge Hersh & Houliston, P.C. with him on the briefs) for the appellant.

John D. Gehlhausen (Curtis L. Fleming with him on the briefs) of John Gehlhausen, P.C., Lamar, Colorado, for the appellee.

Before: HENRY, LUCERO and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

While shopping at Wal-Mart, Mary Garcia, sole owner of a small business, was knocked to the floor by a Wal-Mart employee pushing a cart. She brought a diversity suit against Wal-Mart Stores, Inc. ("Wal-Mart") in federal district court, alleging negligence, and the jury awarded her damages. We must determine whether the district court erred in declining to instruct the jury on the issues of mitigation and apportionment of damages and in failing...

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