Wilson

Wilson v. Wal-Mart Stores, Inc.

Good Law
72 Cal. App. 4th 382·85 Cal. Rptr. 2d 4
Court of Appeal of CaliforniaMay 20, 1999C027518, C027765California4,440 words

Opinion

Opinion

Hull, J.

Plaintiff Robin Wilson slipped in a puddle of water near the garden department of defendant Wal-Mart Stores, Inc. (Wal-Mart). WalMart appeals from a judgment entered following jury trial in favor of Wilson, contending (1) the jury’s award of economic damages is not supported by substantial evidence; and (2) the verdict was the result of jury prejudice inflamed by the misconduct of Wilson’s counsel during closing argument.

Wilson also appeals, challenging a postjudgment order denying her request for expert witness fees under Code of Civil Procedure section 998 and prejudgment interest under Civil Code section 3291.

We affirm the judgment.

Facts and Procedural History

We state the facts in the manner most favorable to the judgment. (Gyer man v. United States Lines Co. (1972) 7 Cal.3d 488, 492, fn. 1 [ 102 Cal.Rptr. 795 , 498 P.2d 1043 ].) Given the parties’ respective contentions on appeal, our recitation of the circumstances of Wilson’s injury can be brief.

On July 4, 1992, Wilson slipped in a puddle of water near the garden department of the Stockton Wal-Mart store and wrenched her back. She had been pushing a shopping cart slowly through the department near the…

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