Torres v. Walmart

Summary

Plaintiff allegedly slipped on a wet floor in a Walmart store aisle and fell backwards, hitting his head on a pallet, resulting in herniated discs in his neck and back. The plaintiff alleged that there were no warning cones blocking his access to or otherwise adequately protecting him from the dangerous condition. The defendant claimed that it had been conscientious in keeping the floor clean, it provided adequate warning cones, and although the floor may have been shiny, it was not wet or slippery.

The jury found for the defendant.

Outcome

Verdict for the defense

Case Information

Attorneys

Witnesses

Plaintiff: Torres,
Defense: Wal-Mart

Judge: Edward Nicholas
Jurisdiction: 12th Judicial Circuit of Florida
Court: Manatee County Judicial Center

Case Number: 2007CA1786
Industry: Retail
Practice Area: Tort Law, Negligence

Plaintiff

Torres,

Represented By:
Zucker, Steve (Harbsmeier DeZayas, LLP)

Defense

Wal-Mart

Represented By:
Burton, Glenn (Burton, Schulte, Weekley, McLaughlin & Beytin, P.A.)

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

PM Session

Openings

15 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Opening Statement	Zucker, Steve
00:10:39	Opening Statement	Burton, Glenn
00:32:17	Witness Direct Examination		Torres, Ms. A.	In Person
00:47:25	General Case Activities
00:47:57	Witness Direct Examination		Torres, Ms. A.	In Person
00:49:37	Witness Cross Examination	Burton, Glenn	Torres, Ms. A.	In Person
00:57:53	Witness Re-Direct Examination		Torres, Ms. A.	In Person
01:01:20	Witness Re-Cross Examination	Burton, Glenn	Torres, Ms. A.	In Person
01:03:40	Break
01:25:23	Witness Direct Examination		Torres, Mr. Jose	In Person
02:29:19	Witness Cross Examination	Burton, Glenn	Torres, Mr. Jose	In Person
02:35:55	General Case Activities
02:37:15	Witness Cross Examination	Burton, Glenn	Torres, Mr. Jose	In Person
03:13:20	General Case Activities
03:14:00	End of Session

MAR

AM Session

Plaintiff Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:12	Witness Cross Examination	Burton, Glenn	Torres, Mr. Jose	In Person
00:38:47	Witness Re-Direct Examination		Torres, Mr. Jose	In Person
00:54:32	General Case Activities
00:55:42	Witness Direct Examination	Zucker, Steve	Panaccio, Geri	In Person
01:07:13	General Case Activities
01:12:30	Break
01:31:37	Witness Direct Examination	Zucker, Steve	Panaccio, Geri	In Person
02:11:50	Witness Cross Examination	Burton, Glenn	Panaccio, Geri	In Person
02:46:34	Witness Re-Direct Examination	Zucker, Steve	Panaccio, Geri	In Person
02:57:40	End of Session

PM Session

Plaintiff Witness(es)

16 Chapters

MAR

AM Session

Plaintiff Witness(es)

9 Chapters

PM Session

Defense Witness(es)

22 Chapters

MAR

AM Session

Closings

11 Chapters

PM Session

Other

2 Chapters

PM Session

Verdict

2 Chapters

MAR

	Description	Attorney	Witness	Presence
00:00:27	General Case Activities
00:04:53	Witness Direct Examination		Silberger, Dr. Martin	Video Recording
01:15:40	Break
01:39:35	Witness Direct Examination		Silberger, Dr. Martin	Video Recording
01:45:37	Witness Cross Examination	Zucker, Steve	Silberger, Dr. Martin	Video Recording
02:06:02	Witness Re-Direct Examination		Silberger, Dr. Martin	Video Recording
02:07:10	General Case Activities
02:10:30	Witness Direct Examination		Sonstein, Dr. Fredric M.	Video Recording
02:44:21	End of Session

	Description	Attorney	Witness	Presence
00:00:48	Witness Direct Examination		Sonstein, Dr. Fredric M.	Video Recording
00:24:18	General Case Activities
00:27:05	Witness Direct Examination		Sonstein, Dr. Fredric M.	Video Recording
00:27:40	General Case Activities
00:38:11	Witness Direct Examination		Sonstein, Dr. Fredric M.	Video Recording
01:18:58	Break
01:36:20	Witness Cross Examination	Zucker, Steve	Sonstein, Dr. Fredric M.	Video Recording
01:52:24	General Case Activities
02:05:25	Witness Direct Examination	Zucker, Steve	Regal, Dr.	Transcript Reading
02:26:17	Witness Direct Examination		Torres, Maria	In Person
02:37:54	General Case Activities
02:38:18	Witness Direct Examination		Torres, Maria	In Person
02:38:53	Witness Cross Examination	Burton, Glenn	Torres, Maria	In Person
02:44:53	Witness Re-Direct Examination		Torres, Maria	In Person
02:47:20	General Case Activities
02:54:45	Witness Direct Examination		Byrd, Gregory	In Person
03:48:58	General Case Activities
03:49:30	Witness Direct Examination		Byrd, Gregory	In Person
04:05:20	General Case Activities
04:05:40	Witness Cross Examination		Byrd, Gregory	In Person
04:17:26	Witness Re-Direct Examination		Byrd, Gregory	In Person
04:18:45	End of Session

	Description	Attorney	Witness	Presence
00:00:12	General Case Activities
00:01:17	Witness Direct Examination		Jackson , James H.	In Person
00:47:40	Witness Cross Examination		Jackson , James H.	In Person
01:03:20	General Case Activities
01:06:40	Break
01:26:46	Closing Statement
02:14:10	Closing Statement	Burton, Glenn
02:40:10	General Case Activities
02:44:10	Closing Statement	Burton, Glenn
02:49:20	Closing Statement
02:58:15	End of Session

Torres v. Walmart

Summary

Outcome

Sessions

AudioCaseFiles

Essentials

Training Libraries

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:02:50	Witness Direct Examination		Farmer, William Andrew	Video Recording
00:28:38	General Case Activities
00:31:58	Witness Direct Examination		Farmer, William Andrew	Video Recording
00:46:08	General Case Activities
00:49:03	Witness Direct Examination		Farmer, William Andrew	Video Recording
00:51:30	Break
01:10:23	Witness Direct Examination	Zucker, Steve	Rojo, Ruben	In Person
02:04:39	Witness Cross Examination		Rojo, Ruben	In Person
02:26:28	Witness Re-Direct Examination		Rojo, Ruben	In Person
02:41:48	General Case Activities
02:46:35	Witness Re-Direct Examination		Rojo, Ruben	In Person
02:53:17	General Case Activities
02:55:15	Witness Direct Examination	Burton, Glenn	Cousin, Alan	In Person
03:29:25	Witness Cross Examination	Zucker, Steve	Cousin, Alan	In Person
03:48:02	End of Session