Wal-Mart Stores, Inc. v. Caruso

ON MOTION FOR REHEARING

STONE, J.

We deny Appellee’s motion for rehearing. However, we withdraw our opinion dated March 31, 2004, and substitute the following opinion:

We reverse a judgment entered on a jury verdict against Wal-Mart Stores, Inc. based on counts for breach of contract and negligence. Caruso contracted to practice optometry in Wal-Mart’s vision center. The claim for breach of contract arose out of Wal-Mart’s failure to renew the contract. The negligence claims arose from an incident in which a Wal-Mart employee, Femesha Foster, attempted to poison Caruso.

In 1998, Caruso and…