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Anderson v. Berg

451 P.2d 248 (1969)

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Anderson v. Berg

Kansas Supreme Court

451 P.2d 248 (1969)

Facts

In September 1962, Dolly Anderson (plaintiff) slipped and fell in an office building owned by Russell Berg (defendant), causing her injury. Anderson claimed that the slip was caused by an excess buildup of wax that had been left on the floor. Anderson sued Berg, claiming negligence in Berg’s maintenance of the building. A sample bottle of the wax used on the floor was referenced during the trial but not admitted into evidence. After jury deliberations began, the jury asked to see the bottle of wax. In May 1967, the trial judge reopened the case to permit Berg to introduce the bottle into evidence. Berg attempted to lay the foundation for the wax in the bottle by identifying only its source and chain of custody. The trial court admitted the bottle into evidence. The jury returned a verdict in Berg’s favor. Anderson appealed.

Rule of Law

Issue

Holding and Reasoning (Hatcher, J.)

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