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KIMBLE v. WAL-MART STORES, INC.

No. 88-C-1949.

539 So.2d 1212 (1989)

Donald J. KIMBLE and Sheila Smith Kimble, wife of Donald Kimble v. WAL-MART STORES, INC.

Supreme Court of Louisiana.

Rehearing Granted in part and Denied in part May 12, 1989.

Attorney(s) appearing for the Case

John Olivier, Olivier and Brinkhaus, Sunset, for applicant.

Frank Flynn, Allen, Gooch, Bourgeois, Breaux, Robison & Theunissen, P.C., Lafayette, for respondent.

WATSON, Justice.

At issue in this slip and fall case is the apportionment of comparative negligence. The trial court found defendant Wal-Mart 100% negligent. The court of appeal amended the judgment, deciding that plaintiff Donald Kimble was 50% at fault.1 A writ was granted2 to weigh the parties' comparative fault in light of the factors enunciated in Watson v. State Farm Fire & Cas. Ins. Co.

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