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HARRIS v. SHOPKO STORES, INC.

No. 20110945.

308 P.3d 449 (2013)

2013 UT 34

Wendy HARRIS, Respondent, v. SHOPKO STORES, INC., Petitioner.

Supreme Court of Utah.

Rehearing Denied August 1, 2013.

Attorney(s) appearing for the Case

Michael E. Day , Nathan Whittaker , Murray, for respondent.

Alain C. Balmanno , Ruth A. Shapiro , Salt Lake City, for petitioner.

Brent Gordon , Idaho Falls, John P. Lowrance , South Jordan, amicus curiae.

On Certiorari from the Utah Court of Appeals.

Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 Wendy Harris was injured when she sat on a display office chair at ShopKo Stores, Inc. (ShopKo), and the chair collapsed. She sued ShopKo for negligence. At the trial, evidence was introduced that she suffered from preexisting conditions that may have contributed to her injury. The trial court instructed the jury that, if it could, it...

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