Federal Court Grants Retail Store's Motion for Summary Judgment on Negligence Claim Involving Trip and Fall over a Pallet

Federal Court Grants Retail Store’s Motion for Summary Judgment on Negligence Claim

Alberto Roiz v. Wal-Mart Stores East, LP., Case No. 1:17-CV-21491-KMM (In the US District Court for the Southern District of Florida, Miami Division Feb 2017)

Miami, FL  – Alberto Roiz (plaintiff) alleges he was injured when he tripped and fell over a pallet containing merchandise that Wal-Mart (defendant) employees were unloading in the store. Roiz alleges that Wal-Mart negligently failed to warn him of the pallet and also failed to maintain the store in a reasonably safe condition. Wal-Mart moved for summary judgment, arguing that it did not owe Roiz a duty to warn and did maintain the store in a reasonably safe condition because the pallet was open, obvious, and not inherently dangerous.  The Court agreed, finding that Wal-Mart neither owed Roiz a duty to warn nor failed to maintain the premises in a reasonably safe condition.  Roiz claimed a closed head injury, and various injuries requiring surgery to his neck, back, and shoulder.  He sought over $350,000 in past medical bills after undergoing two surgeries.

The Motion was written by HM&B attorneys Schuyler Smith and Patricia Concepcion.