Kmart legal trials

Larsen had turned back down the aisle, she felt something hit her on the head, and shelving fell down on and around her. Larsen suffered various injuries as a result. The trial court charged the jury on premises liability, negligence, res ipsa loquitur, and plaintiff's duty of care.

The jury found Kmart liable, accepting Ms. Larsen's theory and rejecting Kmart's contention that Ms. Larsen had walked into the stack of shelves. Kmart challenges the charge on res ipsa loquitur contending that it did not conform to the evidence. We must determine whether the doctrine of res ipsa loquitur is appropriate where Ms. Larsen testified that she did not recall whether she bumped into the shelving, but she did not think she had.

Southern Regional Med. Center, Ga. Grand Union Co. The doctrine authorizes, but does not require, the jury to infer facts from the circumstances in which the injury occurred, thereby filling the evidentiary gap. A charge on res ipsa loquitur is not precluded by an unsupported contention that the plaintiff was negligent. Res ipsa loquitur is authorized where. Punctuation omitted. Ballard, supra at 99 2 , S. The magistrate explained the charge to Nyame.

And magistrate Chabala after she explained the charge was informed by the prosecution that they were in receipt of a certificate of committal to the High Court from the office of the Director of Public Prosecution DPP and committed the accused to the High Court for trial. Last week, six members of Lusaka Conference of the Seventh-Day Adventists died after they drowned in Lake Kariba during a camp meeting program in Siavonga. And police spokesperson Rae Hamoonga has told Mwebantu that Jonathan Haajaya aged 25 of unmarked house number Kanyelele compound Siavonga has been cautioned for the offence of criminal negligence and reckless Contrary to section g of the Penal Code of the laws of Zambia.

Mwebantu reports that the magistrate has also jailed PF cadre Andrew Mende to a year in prison with hard labour.

Magistrate Ngobola said both sentences are with effect from the date they were arrested in August this year. Magistrate Ngobola said the offences which the accused persons committed are very serious and carried a minimum sentence of 12 months.

However, after considering their mitigation in which they pleaded for leniency, and there being no aggravating circumstances, magistrate Ngobola said his hands are tied and jailed them one year each which is the minimum sentence for drug trafficking. The magistrate only convicted Kalimanshi and Mende for drug trafficking and acquitted their co-accused persons because of lack of evidence. It was alleged that on August 23, at Lusaka, the accused trafficked in psychotropic substance namely, Mende also trafficked in Kalimanshi was also charged with unlawfully use of an unregistered Nissan Fairlady for purpose of committing an offence under the Narcotic drug.

Connect with us. Share Tweet. The incident happened on July 3, The girls are aged between nine and Niwopusa hh. Come get me for defamation also if you are man enough to fight me 8. Mbuzi 3. He needs to provide the names of those judges……. Then summon the same judges…….. Carefull Kaisala… Imilandu tashibola! You were led to believe that I was a criminal and yet upnd are the criminals 5.

And you will find illiots like Kaizar supporting such labbish 3. He is surely embarrassing his clan without a shed of doubt 1. Next should be Sean Tembo. Then Nawakwi. Let us learn to practice issue based politics, mature politics. I hope this fat man does jail time to act as a deterrent. Please enter your comment!

Please enter your name here. Kechloian fled, but was quickly apprehended by Visalia Police Department officers behind the store with the knife. The victim succumbed to his injuries two days later. While Kechloian was being booked and processed at the Visalia Police Department, he punched an officer in the face.

The defendant kicked, punched and physically resisted the two officers who were in the holding cell. Two additional officers responded to assist in restraining the combative defendant. Jeremy Kechloian 47 years old.