Court of Appeals of Kansas September 28, 2001, 86,373 (Hembree v. Wal-Mart of Kansas)

Wahl, J.:

Larry Hembree appeals the refusal of the district court to give a mode-of-operation instruction in a personal injury suit.

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While walking through a Wal-Mart store in Kansas City, Kansas, carrying cat food and dog food, Hembree slipped and fell on the floor. He suffered an injury to his knee that eventually required surgery.

After falling, Hembree notified an employee of his fall.