F. W. Woolworth v. Kirby

302 So. 2d 67 (1974)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D's store planned a ping-pong ball drop. It would drop balls from a passing airplane into the back parking lot of the store. Each ball contained a certificate entitling the finder to a prize. Prizes ranged from a color television and a stereo set to ice cream cones. The event was heavily promoted. P, 70 years old at the time, having heard and seen the sale advertising, went to the store that morning with other people, including her small grandson. P took her grandson toward the rear parking lot to watch the airplane, which was then coming over at 1,000 feet to make the third drop. P took several steps into the parking lot and, within a very short time, the ping-pong balls began falling around her. The crowd came after the balls. Someone in the crowd knocked her down and some members of the crowd ran over her. She was carried by ambulance to a hospital and treated for injuries, the most serious being a broken right hip. P sued D, alleging negligent acts causing her injuries. The jury gave a verdict for $52,500.00. The trial court ordered a remittitur of $17,500.00, reducing the judgment to $35,000.00. D appealed. D claims it owed P no duty for injuries caused by other patrons through pushing, shoving or crowding during a promotional activity.