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ALLEN v. WAL-MART STORES INC.

No. 00-8004.

241 F.3d 1293 (2001)

Rachel Allen, Plaintiff-Appellee, v. Wal-Mart Stores, Inc., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 7, 2001.

Attorney(s) appearing for the Case

Roger E. Shumate, of Murane & Bostwick, L.L.C., Casper, Wyoming, (Deborah Ford Mincer of Murane & Bostwick, L.L.C., Cheyenne, Wyoming, with him on the brief), for Appellant.

Donald A. Cole, of Cole & Cole Law Firm, Cheyenne, Wyoming, for Appellee.

Before TACHA, Chief Judge, McWILLIAMS, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Appellee, Rachel Allen, was injured when she was struck by boxes of merchandise while shopping at a store operated by Appellant, Wal-Mart Stores, Inc. ("Wal-Mart"). Allen claimed her injuries were caused by Wal-Mart's negligence and she sought damages for medical expenses, pain and suffering, and loss of enjoyment of life. A jury returned a general verdict awarding Allen $40,000 and judgment was entered in that amount. Wal-Mart's Motion for...

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