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KUDABECK v. KROGER CO.

No. 02-2627.

338 F.3d 856 (2003)

Donna KUDABECK, Plaintiff-Appellee, Steven Kudabeck, Plaintiff, v. THE KROGER CO., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2003.

Attorney(s) appearing for the Case

Michael J. Emerson, argued, Little Rock, AR, for appellant.

Paul E. Harrison, argued, Little Rock, AR (Charles D. Harrison, on the brief), for appellees.

Before HANSEN, Chief Judge, BRIGHT, and SMITH, Circuit Judges.

BRIGHT, Circuit Judge.

Donna Kudabeck slipped and fell at a Kroger grocery store in Hot Springs, Arkansas. Kudabeck sued Kroger, arguing that as a result of the accident she suffers from advanced degenerative disc disease and osteoarthritis in her back. Kroger agrees that Kudabeck has these conditions. However, Kroger argues that the fall did not trigger Kudabeck's condition. Prior to trial, Kroger filed a motion in limine, seeking to exclude the testimony of Kudabeck...

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