Alfaro v. Wal-Mart Stores, Inc.

The question presented in this diversity action is whether, or under what circumstances, a retail store’s failure to assist a customer in a timely manner can give rise to a negligence claim under New York law. Defendant Wal-Mart Stores, Inc. (“Wal-Mart”) appeals from a judgment, entered following a jury trial, of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge) finding Wal-Mart liable to plaintiff Albert Alfaro for injuries sustained when Afaro, having waited ten to fifteen minutes for a Wal-Mart employee to return, tried himself to retrieve…