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MOORE v. WAL-MART STORES, INC.

No. F040016.

3 Cal.Rptr.3d 813 (2003)

111 Cal.App.4th 472

Juanita MOORE, Plaintiff and Respondent, v. WAL-MART STORES, INC., Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied September 5, 2003.

Review Denied November 12, 2003.

Attorney(s) appearing for the Case

Phillips, Spallas & Fotouhi, and Robert K. Phillips, San Francisco, for Defendant and Appellant.

Law Offices of Mark S. Nelson, Mark S. Nelson, Modesto; Law Offices of Tony J. Tanke, Tony J. Tanke, Redwood City; Ringhoff & Toledo, Stephen J. Ringhoff, Modesto, and Theressa Y. Toledo for Plaintiff and Respondent.

OPINION

LEVY, J.

Respondent, Juanita Moore, slipped on a french fry in one of appellant Wal-Mart Stores, Inc.'s (Wal-Mart) retail outlets. Moore sustained significant personal injuries for which a jury returned a verdict in her favor. This appeal challenges the judgment on the ground that the jury was incorrectly instructed on liability.

Although established California law imposes liability only if the owner had actual or constructive knowledge of...

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