Amber C. Gipson v. Target Stores Book Reviews

Amber C. Gipson v. Target Stores by Missouri Court of Appeals Eastern District Book Summary

On July 6, 1977, three year old Amber Gipson tripped over the ""end cap"" of a display fixture while in the Bridgeton, Missouri, Target Store with her mother. She sustained a deep gash to her right cheek with a resultant scar. The jury at trial found Target to be negligent and awarded damages in the amount of $5,000. Target on appeal raises four points of error. It first contends that the trial court erred by allowing the store manager to be cross-examined with regard to a report which was privileged by the fact that it was prepared in anticipation of litigation. It next challenges the verdict-directing instruction as being an improper modification of MAI 22.03. Thirdly, it charges error in the failure of the trial court to grant a new trial because the amount of the verdict indicated that the jury was motivated by ""passion and prejudice."" It finally asserts that it should have been granted a remittitur or, alternatively, a new trial because the amount of the verdict was excessive as a matter of law. We affirm.

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