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Plaintiff sues Retail Giant Over Negligence Leading to Severe Injuries

FLORIDA RECORD

Thursday, November 21, 2024

Plaintiff sues Retail Giant Over Negligence Leading to Severe Injuries

State Court
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A recent court filing has thrust a major retail giant into the spotlight over allegations of negligence leading to severe injuries. On July 18, 2024, Roy Canterbury filed a complaint in the Circuit Court of the 6th Judicial Circuit in Pinellas County, Florida, against Wal-Mart Stores East, LP., and John Doe, a manager at one of its locations.

The case centers around an incident that occurred on February 15, 2024. According to the complaint, Canterbury visited a Wal-Mart store located at 3501 34th St S in St. Petersburg as a business invitee. While on the premises, he tripped and fell due to an object sticking out of a freezer. The plaintiff alleges that this hazardous condition was a direct result of Wal-Mart's negligence in maintaining safe conditions for its patrons.

Canterbury's complaint outlines several specific accusations against Wal-Mart and its employees. It states that the company failed to maintain its grounds in a reasonably safe condition and neglected to correct or warn about the dangerous situation despite having—or should have had—knowledge of it. "By carelessly and negligently failing to maintain the grounds on its premises in a reasonably safe condition," the complaint reads, "Defendant created a dangerous condition... including specifically, the Plaintiff."

As for John Doe, identified as the manager responsible for safety and operations at the said location, Canterbury accuses him of similar negligence. The manager allegedly failed to uphold his duty of reasonable care by not ensuring that the premises were free from hazards that could foreseeably cause injury or damage. The complaint emphasizes that both defendants should have known about the dangerous condition given its regular occurrence.

The repercussions for Canterbury have been severe. He claims to have suffered bodily injury resulting in pain and suffering, disability, disfigurement, mental anguish, aggravation or acceleration of pre-existing conditions, loss of capacity for enjoyment of life, medical expenses, loss of earnings, and diminished earning capacity both past and future. These losses are described as either permanent or continuing in nature.

In terms of relief sought from the court, Canterbury is demanding judgment for damages exceeding $50,000 but uncertain if it surpasses $75,000. Additionally, he seeks compensation for legal costs and any other equitable relief deemed appropriate by the court. A trial by jury has also been requested for all issues triable by right.

Representing Roy Canterbury is Lianibet Morejon from Wolfson & Leon law firm based in Miami. 

The case has been assigned Case Number: 24-003197-CI with Judge Ken Burke overseeing proceedings.

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