Store 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
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllHow Much Coverage Do You Really Have? Valuation and Loss Settlement Provisions in Commercial Property Policies
10 minute readThe Importance of 'Speaking Up' Regarding Lease Renewal Deadlines for Commercial Tenants and Landlords
6 minute readMeet the Attorneys—and Little Known Law—Behind $20M Miami Dispute
Trending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2A&O Shearman Adopts 3-Level Lockstep Pay Model Amid Shift to All-Equity Partnership
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5A RICO Surge Is Underway: Here's How the Allstate Push Might Play Out
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250