Shelton v. Wal-Mart La.

Full title: Shawn SHELTON v. WAL-MART LOUISIANA, LLC, et al

Court: Court of Appeal of Louisiana, Third Circuit

No. 09-871.

Date published: Mar 10, 2010

Fact:

The plaintiff alleges that she injured her post-surgical knee when she fell at the defendant store. She sought damages related to the injury and a subsequent knee surgery. A jury apportioned sixty percent of the fault to the defendant and forty percent to the plaintiff. It awarded only a portion of the damages sought by the plaintiff. Thereafter, the trial court granted a JNOV, increasing the medical expenses and the general damages. The defendant appeals the granting of the JNOV. The plaintiff answers the appeal, seeking an increase in general damages and the imposition of costs and interest. For the following reasons, we vacate the judgment granting the JNOV and reinstate the judgment reflecting the jury verdict. As the record contains an incomplete version of the judgment being reinstated,  we remand for supplementation of the appellate record in this regard.

Issue:

DECREE:

For the foregoing reasons, the May 5, 2009 judgment granting the motion for judgment notwithstanding the verdict is reversed. The trial court’s judgment of February 19, 2009 is reinstated. This matter is remanded with orders to the trial court to file a copy of the judgment reflecting the jury’s verdict in its entirety into the appellate record. Costs of this proceeding are assessed to the plaintiff/appellee, Shawn Shelton.

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