HM&B Secures a Partial Summary Judgment in “Freak Accident” Case

Nora Vohs v. Wal-Mart Stores East, L.P. CASE NO. 2019-CA-006053-O (In the Circuit Court of the Ninth Judicial Circuit in and for Orange County, FL

Jerry D. Hamilton and team obtained summary judgment in a highly contested premises liability case. Plaintiff, Nora Vohs, alleged that she was injured as she was shopping for ice cream at a Wal-Mart store. As Ms. Vohs opened a freezer door, for a second time, the door came off its hinges, she held on to the handle and fell to the ground, next to the door. Plaintiff alleged two theories against Wal-Mart: failure to warn and to maintain the door in a proper condition. She claimed various injuries, including two surgeries, and alleged damages exceeding $650,000. Plaintiff made a seven figure demand, which kept increasing at various stages of the litigation. Wal-Mart alleged that it had no notice of the alleged dangerous condition, and that it was an unforeseeable “freakish accident” for which it should not be liable. Wal-Mart also distinguished the new summary judgment standard established by the Florida Supreme Court in May 2021, vis a vis the previous standard. The Court agreed and granted summary judgment for Wal-Mart under the new summary judgment standard.