Case Background
The legal dispute began following an incident on August 4, 2020, at a Walmart Neighborhood Market located at 2715 S. Orange Avenue in Orlando, Florida. Deloris Riggins, an Orange County resident, visited the retail store as a customer. While she walked through the produce section, she tripped and fell on a rug or floor mat. This fall resulted in physical injuries that led her to seek legal recourse against the corporation and the individual store manager.
Cause
Riggins alleged that the floor mat in the produce section created an unreasonably dangerous condition. She claimed that the Defendants failed to maintain the rug properly, neglected to inspect the area to ensure the mat remained secured to the floor, and failed to warn customers of the potential trip hazard.
Injury
The fall caused Riggins to suffer bodily injuries to her extremities. These injuries resulted in physical pain, mental anguish, and a loss of the capacity to enjoy life. She also dealt with disfigurement, permanent scarring, and the aggravation of pre-existing physical conditions.
Damages Sought
Riggins sought compensation for a variety of losses, including medical and nursing expenses, hospitalization costs, and lost earnings. She also pursued damages for future losses, as she expected the impact of her injuries to be permanent or continuing. Her initial complaint estimated the value of the claim to exceed $30,000.
Key Arguments and Proceedings
The litigation moved through the Ninth Judicial Circuit Court in Orange County over several years. The legal process involved detailed responses from the Defendants and a full trial to determine liability and the extent of the damages.
Legal Representation
Plaintiff(s): Deloris Riggins.
· Counsel for Plaintiff(s): Varun Ramnarine | Marcia Sampson
· Experts for Plaintiff(s): Hector De Jesus | Kale Dewey | Greg Krzeminski | Paul W. Potier | Shaun Krein | Sidney Swartz | Andrew Messer | Shelbie Manna | Judith Plummer-Morgan | Cathy Hurley | Brian S. Garra | Shahin Korangy | Whitner Davis | M. Kathryn Garrett | Daved Panzer | Darwin Clark | Evelyn Reyes | Pamela Heiker | Mark G. Brooks | Fabian Garcia | Maria Del Carmen Mandry-Fedre | Tom Pham | Terry Clemons | Sarah Panich | Catherina Ly | Mari S. Holderby | Hosam Hassan | Nizam Razack | Danielle Johnson | Michael LaFleur | Santo Bifulco
Defendant(s): Walmart Stores East, LP (originally cited as Walmart, Inc.) | David Finch.
· Counsel for Defendant(s): Nicholas Van Valen | Suzette L. Russomanno | Marta R. Golani
· Experts for Defendant(s): Jeffrey Rosen | Geoffrey A. Negin
Key Arguments or Remarks by Counsel
The trial focused on whether Walmart and its manager had breached their duty of care toward Riggins. Attorneys for the Plaintiff argued that the store had a non-delegable duty to keep the premises safe for business invitees. They emphasized that the store failed to train employees properly and did not follow corporate policies regarding floor safety.
Claims
Negligence of Walmart Stores East, LP The Plaintiff argued that the corporation acted negligently by failing to repair or replace a dangerous floor mat. She alleged that the store lacked adequate staff to monitor the produce section for hazards and maintained a "mode of operations" that made such accidents likely.
Negligence of David Finch The lawsuit also targeted David Finch in his capacity as the store manager. Riggins claimed Finch was personally responsible for the safety of the store. She argued that he failed to supervise employees to ensure they inspected the floors in accordance with company procedures.
Defense
Denial of Liability and Damages David Finch and Walmart denied that Riggins suffered any damages because of their actions. Finch specifically denied that he breached any legal duty or that his actions were the proximate cause of her injuries.
Pre-existing Conditions The defense argued that any injuries Riggins complained of were actually pre-existing. They claimed that if she was injured on the property, the store's liability should only cover the aggravation of those older injuries, rather than the injuries themselves.
Comparative Negligence and Open Hazards A significant portion of the defense relied on the idea that Riggins was responsible for her own fall. They argued that she failed to exercise reasonable care for her own safety by not looking where she was walking. Furthermore, they claimed the floor mat was an "open and obvious" condition that any person should have noticed.
Jury Verdict
The jury reached a unanimous verdict on September 19, 2025. They concluded that Walmart Stores East, LP was indeed negligent and that this negligence caused Riggins' injuries. However, the jury also found that Deloris Riggins was negligent herself, contributing to the incident.
Apportionment of Fault The jury assigned 30% of the fault to Walmart Stores East, LP and 70% of the fault to Deloris Riggins.
Calculation of Damages The jury determined the total damages without considering the percentage of fault, as the Court would later make those adjustments. The total damages included:
Past Medical Expenses: $78,000.
Future Medical Expenses: $1,200,000.
Past Pain and Suffering: $60,000.
Future Pain and Suffering: $360,000.
The total calculated damages amounted to $1,698,000.
Final Judgment
Following the jury's decision, the Court issued a final judgment on September 25, 2025. After applying the principles of comparative fault (reducing the total award because the jury found Riggins 70% responsible), the Court ordered Walmart Stores East, LP to pay Riggins the sum of $509,400. This amount carries an interest rate of 8.90%. The Court also retained the authority to award attorney fees and legal costs at a later date.
