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Remedies Keyed to Tabb, 8th
Garcia v. Wal-Mart Stores, Inc.
Citation:
209 F.3d 1170 (1998)Facts
Mary Garcia owned and operated Mary’s Burritos, rising early each morning to prepare dozens of burritos weighing nearly forty pounds and delivering them to local businesses. On January 25, 1995, while shopping at Wal-Mart with her husband, she was struck by a cart pushed by a Wal-Mart employee and knocked to the floor, injuring her back which had pre-existing degenerative disc disease. After the incident, Garcia became physically unable to lift her cooler or easily enter and exit her car, rendering her incapable of continuing her business operations, which she transferred to her sister-in-law. An economist estimated her economic losses between $631,000 and $908,000. Several physicians noted her pain might be partially psychological or non-organic, though most acknowledged she suffered physical pain from physical injury. At trial, Wal-Mart proposed jury instructions on mitigation and apportionment of damages but failed to object before the jury retired when the district court omitted the mitigation instruction.
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