Legal Opinion

Wal-Mart Stores, Inc. v. Whittke

District Court of Appeal of Florida

Decided October 21, 2016No. 2D15-4099PublishedCited by 6 opinions

1Opinion of the Court

BLACK, Judge.

In December 2009, Sandy Wittke slipped and fell at a Walmart store in Bradenton, Florida. Ms. Wittke filed suit against Wal-Mart Stores, Inc., in August 2012, and the case was tried in June 2015. After deliberating for about one hour, the jury returned a verdict in favor of Wal-Mart. Following the verdict, Ms. Wittke filed a motion for a new trial. The trial judge granted the motion and set aside the jury verdict. Wal-Mart appeals from that order and asserts that the motion for new trial should have been denied. We agree and reverse.

Wal-Mart claims the trial court reversibly…

2Cases cited5 opinions

  1. Pollock v. Florida Dept. of Highway PatrolSupreme Court of Florida · 2004
  2. Tri-Pak MacHinery, Inc. v. HartshornDistrict Court of Appeal of Florida · 1994
  3. Mayo v. Publix Super Markets, Inc.District Court of Appeal of Florida · 1997
  4. Dominguez v. Publix Super Markets, Inc.District Court of Appeal of Florida · 2016
  5. Meadowbrook Meat Company v. CatinellaDistrict Court of Appeal of Florida · 2015

3Cited by6 opinions

  1. FRED MEYERS AND NINIBETH MEYERS v. BONNEVA SHONTZDistrict Court of Appeal of Florida · 2018
  2. DISCOUNT TIRE CO. vs TAMMY BRADFORD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL BLAZE BRADFORD, DECEASED; AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WARREN MICHAEL BRADFORD, DECEASEDDistrict Court of Appeal of Florida · 2023
  3. Esteban-Garcia v. Wal-Mart Stores East LPDistrict Court, S.D. Florida · 2022
  4. FREDERICK JOHNSON v. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIPDistrict Court of Appeal of Florida · 2024
  5. Greg Shepherd v. Costco Wholesale CorporationArizona Supreme Court · 2021

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