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CALO v. WAL-MART STORES, INC.

305 A.D.2d 352 (2003)

757 N.Y.S.2d 894

FLORENCE CALO et al., Respondents, v. WAL-MART STORES, INC., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 5, 2003.

Ordered that the judgment is affirmed, with costs.

The 78-year-old plaintiff Florence Calo (hereinafter the plaintiff) sustained various injuries after she tripped and fell on a pothole located in a parking lot owned by the defendant Wal-Mart Stores, Inc. (hereinafter Wal-Mart). Contrary to Wal-Mart's contention, the evidence adduced at the trial was legally sufficient to support the jury verdict as to liability and as to damages (see Cohen v Hallmark Cards,

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