Smith v. Wal-Mart Stores Inc

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in
5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-31037
Summary Calendar
LAURA SMITH,
Plaintiff - Appellant-Cross-Appellee,
versus
WAL-MART STORES, INC.,
Defendant - Appellee-Cross-Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 96-CV-1900
April 9, 2001
Before POLITZ, JOLLY, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Both parties appeal the jury’s verdict and the trial court’s rulings on post-verdict
motions in this diversity jurisdiction, personal injury action. Laura Smith seeks

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recovery under Louisiana law for personal injuries sustained in a slip and fall accident
in a retail establishment of Wal-Mart Stores, Inc. The jury found the relevant accident
51% the fault of Wal-Mart and 49% that of Smith and then assessed damages. Wal-
Mart challenges the negligence findings and quantum; Smith challenges the quantum.
This case presents a classic example of a jury’s evaluation of the totality of
circumstances presented in litigation and its notable effort to achieve a just result
thereof. After reviewing the record, briefs, and relevant Louisiana jurisprudence, we
perceive no basis in law or equity requiring appellate court rejection of the jury’s
verdict or the post-verdict rulings by the trial court.
The judgment and rulings appealed are all AFFIRMED.

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