Appellants Lori Maerz (Maerz) and her two minor children brought a negligence action against appellee Wal-Mart Stores, Inc. (Wal-Mart) for personal injury damages after folding chairs fell from a display and struck Maerz. After a trial on the merits, a jury returned a verdict finding no negligence on the parts of either Wal-Mart or Maerz. Appellants contend that the district court erred in instructing the jury that damage or injury is not in itself sufficient to show negligence.
