RomanR/Shutterstock.comStore Rejects Blame for Customer's Fall Over Cart
Hobby Lobby is cleared of liability in a shopper's fall over a flatbed cart.
September 16, 2019 at 03:02 PM
1 minute read
PREMISES LIABILITY
OSCEOLA CIRCUIT COURT
A jury ruled for Hobby Lobby Inc. after a customer alleged she was hurt when she tripped and fell over a flatbed cart.
Arnalda Ortiz Figueroa, 61, was leaving a Hobby Lobby store in Kissimmee in January 2015 when she tripped over a cart she claimed had been left on the sidewalk unattended. Figueroa said she suffered a partial meniscus tear in a knee and a herniated disc. She claimed Hobby Lobby was liable for a dangerous condition that caused her fall.
The defense said employees are trained not to put the carts near doors, and a defense expert testified the cart's size and design made it unlikely that it would have blown or rolled in front of the door. The jury found no negligence by Hobby Lobby.
Case: Figueroa v. Hobby Lobby Stores
Case No.: 2015 CA 002696 ON
Plaintiffs attorney: Caroline H. Zapiec, Kanner & Pintaluga, Boca Raton
Defense attorneys: Raychel Garcia and Joseph P. Menello, Wicker Smith O'Hara McCoy & Ford, Orlando
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