Fikes v. Wal-Mart Stores, Inc.

MEMORANDUM OPINION

SHARION AYCOCK, District Judge.

Before the Court are Motions to Dismiss [31, 33] for failure to state a claim filed by Defendants Wal-Mart Stores, Inc. and *817Claims Management, Inc. The Court finds as follows:

FACTUAL ALLEGATIONS

On October 12, 2008, Plaintiff Carol Fikes was shopping in Wal-Mart Store No. 391 in Tupelo, Mississippi. Mrs. Fikes slipped on spilled grapes and fell, suffering severe injuries. Her husband, Dale Fikes, went to the store shortly after her injury and asked for the video surveillance tape of the fall. He was informed by the store manager that the…