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TYRRELL v. WAL-MART STORES INC.

97 N.Y.2d 650 (2001)

762 N.E.2d 921

737 N.Y.S.2d 43

SHARON TYRRELL, Respondent, v. WAL-MART STORES, INC., Appellant.

Court of Appeals of the State of New York.

Decided November 20, 2001.

Attorney(s) appearing for the Case

O'Connor, O'Connor, Mayberger & First, P. C., Albany (Michael P. Cavanagh of counsel), for appellant.

Horigan, Horigan, Lombardo & Kelly, P. C., Amsterdam (Derek L. Hayden of counsel), for respondent.

Hugh Campbell, New York City, and Michael J. Hutter, Albany, for New York State Trial Lawyers Association, amicus curiae.

Thomas J. Mulligan and Fiedelman & McGaw, Jericho (Andrew Zajac, Dawn C. DeSimone, Elizabeth Anne Bannon and Kathleen D. Foley of counsel), for Defense Association of New York, Inc., amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed with costs, and a new trial ordered.

While shopping with her husband in a Wal-Mart store, plaintiff slipped and fell on a white, jelly-like liquid. She commenced this personal injury action against Wal-Mart. At trial, her husband sought to testify that immediately after the fall, an unidentified Wal-Mart employee stated, "I told somebody to clean this mess up...

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