In a dramatic legal confrontation, a Palm Beach County resident has filed a lawsuit against a major retail corporation and one of its employees, alleging negligence that led to severe personal injuries. On November 5, 2024, Evelyn Ortega-Smith initiated legal proceedings in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, targeting Wal-Mart Stores East LP and store manager Danielle Lennox.
The complaint arises from an incident on September 22, 2024, when Ortega-Smith visited a Wal-Mart location at 3911 Jog Road in Greenacres, Florida. According to the filing, Ortega-Smith claims she suffered significant injuries after stepping into a large hole in the parking lot's asphalt—a hazard she describes as an "optical illusion." The plaintiff accuses Wal-Mart of failing to maintain safe premises and alleges that this negligence directly resulted in her injuries. She states that Wal-Mart had a non-delegable duty to ensure their property was free from dangerous conditions that could harm customers.
Ortega-Smith's lawsuit outlines several accusations against Wal-Mart: creating hazardous conditions, failing to inspect or adequately maintain the premises, neglecting to correct known dangers, and not warning patrons about potential risks. The plaintiff argues these failures breached the company's duty of care owed to her as a business invitee. As per the complaint, "Defendant, WAL-MART’s negligence caused Plaintiff significant injury including permanent bodily harm and mental anguish."
The lawsuit also targets Danielle Lennox personally for her role as store manager. Ortega-Smith asserts that Lennox was responsible for maintaining safety standards at the store and ensuring compliance with company policies. The complaint references past case law supporting personal liability for managers under similar circumstances. It accuses Lennox of negligently allowing unsafe conditions to persist and failing to warn or protect customers from such hazards.
Ortega-Smith seeks compensatory damages exceeding $50,000 for her physical injuries and associated suffering. She demands recompense for medical expenses incurred due to hospitalization and ongoing treatment needs resulting from the incident. Additionally, she requests post-judgment interest and coverage of legal costs.
Representing Ortega-Smith is attorney Byron T. Jackson from Morgan & Morgan law firm based in West Palm Beach. The Case Number is: 502024CA010563XXXAMB Div: AA.