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Zittrain Torts Playlist Spring 2013

Dolores Howard, Plaintiff-Appellee, v. Wal-mart Stores, Inc., Defendant-Appellant.

Headnote

Should courts hold that a defendant cannot be proved to "cause" the harm, if the evidence merely supports that it was "more likely than not" that the defendant caused the harm? Plaintiff slipped and fell in a puddle of liquid soap on the floor of a Wal-mart store. The plaintiff sued Wal-mart for negligence; however, the evidence--at best--could only support an inference that it was more likely than not that a Wal-mart employee is to blame for the spill. Nevertheless, the jury returned a verdict for the plaintiff.