A recent court filing has thrust a major retail corporation into the spotlight over allegations of negligence leading to severe injuries. On August 1, 2024, Guy Desjardins filed a complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, against Walmart Inc., doing business as Walmart Neighborhood Market, and its store manager, Matthew Dakho.
According to the complaint, Desjardins claims that on April 1, 2023, he was a business invitee at the Walmart store located at 3155 S Federal Hwy in Delray Beach when he slipped and fell due to a hazardous liquid substance on the floor. Desjardins asserts that he was exercising due care for his own safety when the incident occurred. The plaintiff accuses Walmart and Dakho of failing to maintain a safe environment for customers by not properly inspecting and cleaning the floors or warning patrons about potential hazards.
The lawsuit alleges multiple counts of negligence against both defendants. For Walmart Inc., Desjardins argues that the company breached its duty of care by not ensuring that the store floors were free from dangerous conditions such as liquid substances and other debris. "Had Defendant exercised reasonable care in the maintenance of the store’s floors," states one part of the complaint, "it would have discovered the dangerous condition on its floor." Additionally, Desjardins contends that Walmart failed to warn him about these unsafe conditions despite knowing or should have known about their existence.
Desjardins extends similar accusations towards Matthew Dakho in his capacity as store manager. The plaintiff claims that Dakho was responsible for maintaining a safe shopping environment but failed to conduct reasonable periodic inspections or take necessary precautions to prevent accidents. "But for the negligent failure of Defendant, MATTHEW DAKHO," reads another part of the complaint, "the Plaintiff would not have fallen and injured himself."
As a result of this alleged negligence, Desjardins reports suffering from severe physical pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, and loss of earning ability. He asserts that these injuries are permanent within a reasonable degree of medical probability and will continue to affect him in the future.
In terms of relief sought from the court, Desjardins is demanding judgment against both defendants for damages exceeding $50,000. He also seeks compensation for medical bills incurred due to his injuries and any other relief deemed appropriate by the court. Furthermore, Desjardins has requested a trial by jury for all issues so triable by right.
Representing Guy Desjardins is Anidjar & Levine P.A., with pleadings directed to be served via email at pleadings@anl-law.com.
The Case Number is 502024CA007265XXXAMB Div: AA.