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CORNELIUS v. WAL-MART STORES, INC.

No. 00-121.

772 So.2d 816 (2000)

Patricia CORNELIUS v. WAL-MART STORES, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

October 25, 2000.

Attorney(s) appearing for the Case

Mr. Jimmy L. Dauzat, Dauzat, Falgoust, Caviness and Bienvenu, L.L.P., Opelousas, Louisiana, for Defendant/Appellant Ms. Dana Hotard.

Mr. George S. Bourgeois, Jr., Opelousas, Louisiana, for Plaintiff/Appellee Ms. Patricia Cornelius.

Mr. Philip A. Fontenot, Davidson, Meaux, Sonnier, McElligott & Swift, Lafayette, Louisiana, for Defendant/Appellant Wal-Mart Stores, Inc. and Mr. Thomas Nelson.

Court composed of Judge SYLVIA R. COOKS, Judge BILLIE COLOMBARO WOODARD, Judge OSWALD A. DECUIR, Judge JIMMIE C. PETERS, and Judge MARC T. AMY.

WOODARD, Judge.

The trial court awarded damages for personal injuries to Ms. Patricia Cornelius because a display of canned iced-tea boxes fell from its shelf in a Wal-Mart store (Wal-Mart) and injured her foot. The trial court assessed fifty percent liability to Ms. Dana Hotard, whose shopping cart, inadvertently, struck the display, causing the boxes of cans to fall, and fifty percent liability to Wal-Mart. Ms. Hotard appealed her liability assessment. Ms. Cornelius...

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