Lawsuit Revived Against Walmart From Florida Woman Who Slipped On A Grape
Share this @internewscast.com
A federal appeals court Friday ordered a jury trial in a lawsuit filed by a woman who was injured when she slipped on a grape and fell at a Walmart store in West Palm Beach.
A three-judge panel of the 11th U.S. Circuit Court of Appeals overturned a federal district judge’s decision granting summary judgment to Walmart in the lawsuit about injuries suffered in August 2018 by Vanessa Sutton. Friday’s 14-page ruling said Walmart argued that “Sutton failed to offer sufficient evidence that Wal-Mart had actual or constructive knowledge of the grape,” a requirement of Florida law.
But the appeals court disagreed and said a jury should consider the facts.
In the news: VIDEO: Walmart, Hernando County Deputy Sued For $10 Million In Racial Profile Case Of Tony Nguyen
“Sutton unambiguously testified that there was a track mark and footprints through the grape,” said the ruling, written by Judge Stanley Marcus and joined by Chief Judge William Pryor and Judge Kathryn Kimball Mizelle. “Thus, this case falls cleanly into the set of Florida cases that require a jury to decide whether the substance sat on the floor long enough to establish constructive notice.”
Sutton initially filed the case in state court, but it was moved to federal court at the request of Walmart.
Android Users, Click To Download The Free Press App And Never Miss A Story. Follow Us On Facebook and Twitter . Signup for our free newsletter .
We can’t do this without your help; visit our GiveSendGo page and donate any dollar amount; every penny helps.