Ward v. K Mart Corporation

554 N.E.2d 223 (1990)

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Nature of the Case

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Facts

Ward (P) went to K Mart (D) and bought a large bathroom mirror. When exiting the store, P was injured by hitting one of two 5 ft. high concrete posts outside the exit door. P suffered a temporary loss of vision in one eye and now has severe headaches. The jury awarded P $85,000 and a 20% comparative negligence for a net of $68,000. The circuit court granted D's motion for judgment n.o.v. and the appeals court affirmed; D could not reasonably have been expected to foresee that P would fail to see or to remember the post, which was a condition that P had encountered on entering the store prior to the accident and on many previous occasions. P appealed.