00-3007 Graetz v. National Union Fire Insurance Co. of Pittsburgh, et al.

By: dmc-admin//August 20, 2001//

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Deanna and Terry Graetz appeal from a judgment dismissing their claims against Wal-Mart Stores, East Inc. and Wal-Mart’s insurer for injuries Deanna Graetz (Graetz) suffered when items fell off a shelf and hit her on the head and shoulders while she was shopping at Wal-Mart. On appeal, Graetz argues that the circuit court erred when it declined to instruct the jury on res ipsa loquitur.

Because we conclude that the court properly declined to give this instruction, we affirm.

This opinion will not be published.

Dist II, Kenosha County, Schroeder, J., Per Curiam

Attorneys:

For Appellant: Steven T. Botzau, Racine

For Respondent: Kim S. Magyar, Milwaukee

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