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(Download) "Wasson v. Brewer's Food Mart" by Court of Appeals of Kansas " eBook PDF Kindle ePub Free

Wasson v. Brewer's Food Mart

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eBook details

  • Title: Wasson v. Brewer's Food Mart
  • Author : Court of Appeals of Kansas
  • Release Date : January 14, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

This appeal arises from an action in which Florence Wasson recovered for personal injuries which she sustained from a broken Pepsi-Cola bottle while shopping in Brewer's Food Mart. At the jury trial below only Mrs. Wasson presented evidence, Brewer's and Pepsi electing to stand on their unsuccessful motions for directed verdict. The jury found plaintiff's damages to be $86,000.00 and fixed the comparative degree of negligence at: Plaintiff, 22%; Brewer's, 64%; and Pepsi, 14%. Both Brewer's and Pepsi filed post-trial motions for a new trial or in the alternative for judgment notwithstanding the verdict. All motions were denied and appeal to this court was duly perfected. On appeal, both Brewer's and Pepsi contend the trial court erred in not directing a verdict in their favor and, in addition, Pepsi contends the action against it was barred because the amended petition joining Pepsi as a defendant was not served on Pepsi until after the applicable statute of limitations had run. Inasmuch as we concur in the contention of Brewer's and the first contention of Pepsi, it will not be necessary for us to address Pepsi's second issue.


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