Wal-Mart settles slip and fall lawsuit

David Yates Dec. 30, 2014, 11:16am


Wal-Mart and an Upshur County woman, who sued the mega-retailer after her young son tripped and fell, recently had their joint motion to dismiss granted.

As previously reported, Stephanie Smith, individually and as friend for E.A.S., a minor, filed a lawsuit May 14 in the Marshall Division of the Eastern District of Texas against Wal-Mart Stores Inc., citing negligence.

In her suit, Smith claims E.A.S. was injured when he fell in the meat market section of Walmart Supercenter Store No. 146 in Gilmer on May 23, 2012.

He had slipped and fell in a liquid substance left on the floor, injuring his head, back and causing symptoms of a concussion.

Court records show that on Sept. 9 the parties filed a joint motion to dismiss, stating “all matters of fact and things in controversy have been fully and finally compromised and settled by and between Plaintiff, Stephanie Smith, Individually, and Defendant, Wal-Mart Stores Texas.”

The following day, U.S. Magistrate Judge Roy Payne granted the motion, dismissing Smith’s claims with prejudice.

Longview attorneys N. Eric Cooper of The Cooper Law Firm and Ralph F. Pelaia Jr. of Pelaia Law Center represent Smith in the case.

Marshall Division of the Eastern District of Texas Case No. 2:14-cv-00626

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