Legal Opinion

Schwartz v. Wal-Mart Stores, Inc.

District Court of Appeal of Florida

Decided January 16, 2015No. 5D13-2104PublishedCited by 6 opinions

1Opinion of the CourtLambert, J.

Jennifer Schwartz filed suit against Wal-Mart Stores, Inc. (“Wal-Mart”) alleg*473ing that as a result of the negligence of Wal-Mart’s employees, she was struck in the back by an ornamental pumpkin1 while shopping and, as a result, sustained injuries. Wal-Mart admitted that its employees committed a negligent act but vigorously contested causation and damages. After a three-week trial, the jury returned a zero-damages verdict, finding that Wal-Mart was not the legal cause of Schwartz’s claimed loss, injury, or damages. Thereafter, the trial court granted Schwartz’s motion for new trial as to…

2Cases cited8 opinions

  1. Brown v. Estate of StuckeySupreme Court of Florida · 1999
  2. Van v. SchmidtSupreme Court of Florida · 2013
  3. Jackson Hewitt, Inc. v. KamanDistrict Court of Appeal of Florida · 2011
  4. Hernandez v. GonzalezDistrict Court of Appeal of Florida · 2013
  5. Sparks-Book v. Sports Authority, Inc.District Court of Appeal of Florida · 1997

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3Cited by6 opinions

  1. FRED MEYERS AND NINIBETH MEYERS v. BONNEVA SHONTZDistrict Court of Appeal of Florida · 2018
  2. Finkel v. Batista and SanchezDistrict Court of Appeal of Florida · 2016
  3. Perez v. RodriguezDistrict Court of Appeal of Florida · 2016
  4. Hunt v. Nordstrom, Inc.District Court, M.D. Florida · 2024
  5. K. B. v. The City of Venice, FloridaDistrict Court, M.D. Florida · 2019

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