Dupont v. Fred's Stores of Tennessee, Inc.
2011 U.S. App. LEXIS 18028
| 8th Cir. | 2011Background
- Paula Dupont was struck by plastic bins while shopping at Fred's Stores in Holiday Island, Arkansas; three bins fell from a top-shelf display.
- Employee Deatherage removed the bins for inspection, then returned them to the shelf; Paula later returned and was injured in the incident.
- Emergency room diagnosis was cervical strain and concussion; plaintiffs alleged ongoing cognitive and emotional impairments.
- Duponts sued Fred's Stores alleging premises negligence, improper training/supervision, and other ordinary-care failures under diversity jurisdiction.
- Before trial, Duponts sought in limine to exclude evidence of Paula's potential contributory negligence; the district court allowed some cross-examination.
- Trial proceeded with contested jury instructions, including a proposed res ipsa loquitur instruction and Instruction Nos. 14 and 16; the jury found for Fred's Stores.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the in limine ruling on contributory negligence evidence was abuse of discretion | Duponts | Fred's Stores | No clear abuse; evidence may be probative of proximate cause |
| Whether res ipsa loquitur instruction should have been given | Duponts | Fred's Stores | Not applicable; exclusive-control requirement not met; no error |
| Whether Instruction No. 14 and Instruction No. 16 were wrongly instructed | Duponts | Fred's Stores | Instruction 14Harmless/Not prejudicial; Instruction 16 inconsistent with res ipsa loquitur; no reversal |
Key Cases Cited
- Quigley v. Winter, 598 F.3d 938 (8th Cir.2010) (abuse-of-discretion standard for limine rulings)
- Brantley v. Stewart Bldg. & Hardware Supplies, Inc., 626 S.W.2d 943 (Ark. 1982) (exclusive control required for res ipsa loquitur)
- Fleming v. Wal-Mart, Inc., 595 S.W.2d 241 (Ark. App. 1980) (customer handling may not defeat exclusive control; res ipsa may apply when appropriate)
- England v. Costa, 216 S.W.3d 585 (Ark. 2005) (AMI 602 instruction use when no contributory negligence evidence)
- Schubert v. Target Stores, Inc., 2010 Ark. 466 (Ark. Supreme Court 2010) (limits on res ipsa loquitur; exclusive-control considerations)
- Barker v. Clark, 33 S.W.3d 476 (Ark. 2000) (res ipsa loquitur not applied where other causes not eliminated)
- Downing v. Lawrence Hall Nursing Ctr., 2010 Ark. 175 (Ark. 2010) (premises liability contributory negligence pleading requirements)