# Davis v. Wal-Mart Stores, Inc.

> Louisiana Court of Appeal · January 12, 2000 · 99 La.App. 5 Cir. 723

URL: https://www.frixlaw.com/law-library/cases/7729560

## Case

- **Full name:** Mary DAVIS v. WAL-MART STORES, INC.
- **Court:** Louisiana Court of Appeal
- **Decided:** January 12, 2000
- **Citations:** 99 La.App. 5 Cir. 723; 751 So. 2d 357; 2000 La. App. LEXIS 8; 2000 WL 19021
- **Precedential status:** Published
- **Opinion:** Dissent by Bcannella
- **Judges:** Bcannella, Cannella, Edwards, Gothard, Lgothard
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7729560

## Opinion text

bCANNELLA, J.,
dissenting.
In my opinion, the trial judge erred in granting the JNOV. The jury determined that plaintiff failed her burden of proof, thereby finding defendant not liable for the accident. As stated by the majority, a JNOV should only be granted when the facts and inferences are so strongly and overwhelmingly in favor of one party that reasonable men could not have arrived at a contrary verdict. Kistner v. King, 98-641 (La.App. 5th Cir. 12/16/98), 726 So.2d 68, 70 . In this case, the facts and inferences are not so strongly and overwhelmingly in favor of plaintiff that reasonable men could not have arrived at a contrary verdict.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7729560. Public record. Not legal advice.