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The Kroger Co. v. Strickland

A grocery store could be vicariously liable for the acts of an independent contractor if the contracted duty was statutorily required.

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After Mamie Strickland slipped and fell in a Kroger store, she brought a negligence claim against The Kroger Company. The case was tried before a jury, which found in favor of Strickland. On appeal, Kroger contends the trial court erred in failing to direct a verdict in its favor. Kroger also asserts that the trial court erred in granting Strickland’s motion in limine and in instructing the jury. For reasons that follow, we affirm.

1. The granting of a directed verdict is a grave matter as, in directing a verdict, “the trial court takes the case away from the jury and substitutes its own judgment for the combined judgment of the jury.”1 Thus, in reviewing a trial court’s denial of a motion for directed verdict, we will affirm the jury’s verdict as long as there some evidence to support it.2 In so doing, we construe the evidence with every inference and presumption in favor of upholding the verdict.3

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