HOUSTON — Walmart will have to live up to a $35,000 settlement agreement in a grape slip-and-fall case despite winning summary judgment in the case, a state appeals court recently affirmed.
In its 12-page memorandum opinion issued Feb. 4, a Texas Fourteenth Court of Appeals three judge panel agreed with a lower court ruling that a Walmart attorney's email offering to settle Elizabeth Shirey personal injury suit remained valid, despite the summary judgment.
"Walmart's email was an offer that Shirey accepted, and the parties agreed to the material terms of the settlement agreement," the memorandum opinion said. "The email exchange between Walmart and Shirey constituted a valid settlement agreement."
Justice Jerry Zimmerer wrote the memorandum opinion in which Justice Tracy Elizabeth Christopher and Justice Frances Bourliot concurred.
In July 2015, Shirley slipped on a grape and fell while shopping at a WalMart store and subsequently underwent surgery for her injuries, according to the background portion of the memorandum opinion.
Shirey sued Walmart for premises liability and negligence and in March 2017 a federal court issued summary judgment in favor of the retailer.
The day before the summary judgment was handed down, a Walmart attorney sent an email to Shirey's attorney, offering $35,000 to settle the case prior to mediation. Shirey's attorney replied with an email accepting the offer.
After the summary judgment, Walmart did not fulfill the settlement offer and Shirey filed a breach-of-contract. A Harris County District Court granted summary judgment in favor of Shirey, awarding her $35,000 in actual damages, $1,647.50 in attorney's fees, and $342.58 in prejudgment interest.
Walmart appealed.
"Walmart's arguments centered around its contention that the granting of summary judgment in the underlying premises liability case in federal district court acted to automatically revoke the settlement offer," the memorandum opinion said.
The appeals court panel did not agree.
"Concluding the parties entered into a valid enforceable contract, we affirm the trial court's judgment," the memorandum opinion said.