From our private database of 30,500+ case briefs...
Howard v. Wal-Mart Stores, Inc.
United States Court of Appeals for the Seventh Circuit
160 F.3d 358 (1998)
Dolores Howard (plaintiff) sued Wal-Mart Stores, Inc. (defendant) in a federal district court. Howard alleged that Wal-Mart's negligence caused her to slip and fall in a Wal-Mart store, resulting in damages that barely exceeded the court's $50,000 jurisdictional threshold. Howard's evidence established the "hair's breadth" statistical probability that Wal-Mart was to blame for the accident. Howard did not investigate the circumstances surrounding the accident or produce any non-statistical evidence to bolster her statistics-based case. However, there was no reason for the court to suspect Howard of avoiding or concealing non-statistical evidence that could exonerate Wal-Mart. Once trial commenced, Howard reduced her damages claim to $25,000. The jury's verdict was in Howard's favor. Wal-Mart appealed to the United States Court of Appeals for the Seventh Circuit, arguing that, as a matter of law, the court should have withheld the case from the jury and entered judgment for Wal-Mart.
Rule of Law
Holding and Reasoning (Posner, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.