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HEMBREE v. WAL-MART OF KANSAS

No. 86,373.

29 Kan. App.2d 900 (2001)

35 P.3d 925

LARRY HEMBREE, Appellant, v. WAL-MART OF KANSAS, d/b/a WAL-MART STORES, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed September 28, 2001.

Attorney(s) appearing for the Case

Donald T. Taylor, of Robb, Taylor & O'Connor, of Kansas City, for appellant.

James R. Jarrow, of Baker, Sterchi, Cowden & Rice, LLC, of Overland Park, for appellee.

Before KNUDSON, P.J., MARQUARDT, J., and WAHL, S.J.

WAHL, J.:

Larry Hembree appeals the refusal of the district court to give a mode-of-operation instruction in a personal injury suit.

While walking through a Wal-Mart store in Kansas City, Kansas, carrying cat food and dog food, Hembree slipped and fell on the floor. He suffered an injury to his knee that eventually required surgery.

After falling, Hembree notified an employee of his fall. The employee...

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