HM&B Obtains Summary Judgment Win for a Big Box Retailer

Elimaniel Gonzalez v. Wal-Mart Stores East, LP, Case No. 8:21-cv-02077-KKM-JSS (U.S. District Court, Middle District of Florida, Tampa Division

Plaintiff alleges he slipped and fell on a white cream substance that was on the floor near the store’s self-checkout area. The CCTV footage indicates the substance may have been dropped on the floor by a minor child that was in the area of the incident holding something white in her hand approximately 30 seconds prior to Plaintiff slipping. Plaintiff claimed he sustained injuries to his neck, lower back, and right knee due to the incident and underwent subsequent neck and lumbar spine surgery. His total medical expenses were approximately $322,000.00.

Plaintiff had no knowledge as to the source of the spill or the length of time the spill was present prior to his incident occurring. However, his attorneys attempted to argue that the CCTV footage indicated the spill leaked from a shopping cart Wal-Mart employees had positioned over the area of the incident and in which they were placing returned merchandise prior to the incident occurring. The Court granted Wal-Mart’s Motion for Summary Judgment and found that Plaintiff failed to show Wal-Mart had actual or constructive notice of the transitory substance, even when viewing the evidence in the light most favorable to the Plaintiff. The Court rejected Plaintiff’s argument that the CCTV footage showed the white substance on the floor immediately following the cart’s removal and, as such, rejected that it allowed a permissible inference that the substance leaked from the cart.

HM&B Partners Michael J. Dono and Suzette L. Russomanno obtained the Order granting summary judgment in favor of the national retailer.