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Holden v. Wal-Mart Stores, Inc.

Supreme Court of Nebraska
608 N.W.2d 187 (2000)


Facts

Holden (plaintiff) fell in a parking lot owned by Wal-Mart (defendant), causing her injury. Holden underwent a knee replacement operation and sustained $25,000 in medical bills. Holden brought a negligence action against Wal-Mart, alleging that a hole in the parking lot caused her to fall. Evidence at trial showed that Holden had a preexisting knee condition and that regardless of the fall, Holden would have needed knee replacement surgery in five to ten years. The jury found that Holden’s total damages were only $6,000. Holden appealed, claiming that the jury made a mistake in its calculation of damages.

Rule of Law

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Issue

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Holding and Reasoning (Connolly, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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