The so-called “slip and fall” cases represent the bread and butter of the “civil liability” crime – a type of personal injury that sustains an entire industry of lawyers, insurance brokers, physiotherapists and related professionals.
The wrongful act is among the most common civil actions in the United States, fueled by millions of injuries from “slips, trips or falls” that occur across the country each year.
Those who are used to the term, no doubt, are remembering a particular scene from the 1995 comedy Friday starring Ice Cube and Chris Tucker…
In any case, of these incidents, an estimate 800,000 require hospitalization, according to data from the United States Centers for Disease Control and Prevention (CDC). And the annual cost in terms of medical treatment related to these falls was (at last count) north of $ 50 billion – of which around 50 to 75 percent is subsidized by Medicaid.
And that before we go into attorney fees and related costs …
It is not surprising that cases of “slips and falls” are often taken advantage of by lawyers who are less than scrupulous in the hope of ensuring large trials against corporate defendants. Like car accidents, they create legions of so-called “ambulance hunters” in search of paydays that promise a career against defendants with many pockets.
This was really our first thought when we came across a case involving a fall that occurred two and a half years ago by a South Carolina woman in a Walmart located in Georgetown County.
On August 16, 2018, then 62 years old Evelyn Mccray of Georgetown lost his balance after slipping on some “gravel or rock-like products”, allegedly in the Walmart parking lot at the time of his fall, according to a lawsuit filed in August 2020 by his lawyer, Victoria Smith from Charleston, SC
Mccray suffered “serious injuries as a result of this fall,” according to the complaint made by Smith, including “major injuries that have caused and will in the future cause her a lot of pain and physical suffering, and that having and will in the future will cause her to incurs medical treatment costs.
Mccray, now 64, is also her husband’s primary caregiver – and her injuries have affected her ability to perform these functions, according to Smith.
In his complaint, Mccray asked Walmart and one of its subcontractors – based in Darlington, SC South Carolina, Inc Companies. – be forced to pay “real, indirect, special and punitive damages” for their alleged negligence in not maintaining safe conditions in the Georgetown parking lot where she fell.
Ho-hum, right? Typical “slip and fall” process, right? Just another cheater looking for a settlement check … right?
So it seemed … until the case goes into the discovery phase. It was when Walmart allegedly got involved in “discovery pranks” that they explicitly tried to hide relevant information from Mccray’s lawyer, according to court documents obtained through this media outlet.
Specifically, the retail giant is accused of improperly drafting documents “directly related” to Smith’s claims – telling the Lowcountry lawyer that these documents were “irrelevant” and “did not respond” to his discovery requests, according to a sanctions request (.pdf) filed in October 2020.
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Once the “irrelevant” documents were discovered, however, they allegedly contained information related to specific “stone-like” products sold at Georgetown Walmart “at the time relevant to this dispute”.
That certainly seems relevant to us …
Although the retail giant provided the documents in question (in unedited form), Smith claims in his motion that these documents were “wrongly designated ‘confidential’ by Walmart” in the first place.
In addition to these “antics”, Smith’s motion also accused Walmart of delaying the production of documents related to “cleaning and maintaining the parking lot” – dragging the process unnecessarily for nearly four months.
Ultimately, these documents were handed over to Smith too … but she is pushing for Walmart to be held accountable anyway.
Why should we care?
Let’s go a little deeper into the rabbit hole, right?
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“CHRONIC ABUSE …”
After receiving (belatedly) the information they originally sought, most lawyers would probably have been content to put the matter aside – having obtained documents that would likely help materially in their case in court. But not Smith.
In its sanctions motion, the 30-year-old arsonist criticizes Walmart in no uncertain terms – accusing the company of conduct that could adversely impact future plaintiffs, unless it is put in check.
“Walmart has the power, the motive and the means to act unethically in order to prevent the injured parties from effectively prosecuting these types of cases,” wrote Smith. “Walmart (also) has the resources and the ability to unduly destroy and retain documents and other tangible items of evidence that are under its exclusive control.”
Smith added that Walmart “has the ability and reason to continue committing similar evasive discovery tactics, unless and until a sufficient penalty is imposed … to prevent this behavior.”
It’s Smith correct in your statements?
In researching these claims, this media outlet discovered a number of cases across the country in which Walmart was accused of – and sanctioned by – abuse the discovery process.
(Click to view)
(Via: FITSNews.com)
In a recent Arkansas case, lawyers representing a company that successfully sued Walmart over an intellectual property dispute cited similar discovery abuses.
“Walmart’s chronic abuse of the discovery rules led to many sanctions throughout this process, which predictably caused an unnecessary loss of time and money,” lawyer Mark Henry wrote in a motion filed in connection with the Arkansas case.
Last February, Walmart was ordered by a Texas court judge to pay $ 35,000 in sanctions after it was determined that the company committed “blatant abuses of discovery”.
“Wal-Mart’s actions unmistakably demonstrate a well-orchestrated campaign designed to bury the evidence in an effort to derail the claimants’ carefully designed discovery program,” lawyer Alex Hilliard said in a statement in response to the sanctions. “His ‘hide and seek’ tactics illustrate Wal-Mart’s pre-meditated attempt to abuse the discovery process by denying the existence of certain crucial and relevant evidence.”
Meanwhile, in October 2019, the U.S. Equal Employment Opportunities Commission (EEOC) criticized Walmart for “delay tactics” in a case involving alleged discrimination against pregnant women employed at one of its Wisconsin deposits.
“After engaging in prolonged delay tactics, (Walmart) recently informed the EEOC that it will not provide a complete response,” the agency noted in a lawsuit.
(Click to view)
(Via: Raheel Guba, Fia Forever Studios)
We contacted Smith (above) to comment after obtaining your sanctions request, asking you why you were still using this appeal, despite having received the documents you requested.
“The court’s application of discovery rules that require transparency between the parties is critical to maintaining the standards of justice and integrity on which our justice system is built,” said Smith in an email statement provided to this medium. News. “All parties to the dispute are required to follow the same rules, regardless of whether the party is an individual or a billion-dollar company. Fairness is compromised when we do not hold big corporations accountable and demand that they follow the rules. “
Smith also told us that delaying tactics like those allegedly employed by Walmart are even more insidious, given the limitations imposed on the country’s judicial system as a result of the coronavirus pandemic.
“Unfortunately, the COVID-19 pandemic created logistical problems that affected our ability to make meaningful personal statements in order to gather testimonies in preparation for the trial,” added Smith. “COVID-19 also prevented our courts from operating under normal circumstances. Although the legal profession has adapted significantly to this new virtual normal, the resumption of a regular schedule of trials by a non-emergency civil jury that requires public involvement has proved to be a challenge. Corporate defendants often benefit from prolonged delays in litigation, while individuals are more likely to face financial difficulties when waiting for the trial date. ”
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WALMART RESPONDS…
This news outlet sought out Walmart in an effort to gain its perspective on the claims raised in this report. Not only did we receive an official response from the company’s headquarters in Bentonville, Arkansas, but Walmart employees indicated that they would be willing to provide us with additional information once Smith’s motion for sanctions was heard by a judge.
This hearing, incidentally, is scheduled to take place at 9:30 am EST on Wednesday, January 20, 2021, before the judge of the SC circuit court Bentley Price.
“We respect the rules of the court and our obligations to discover”, a company spokesman Randy Hargrove said in a statement. “We believe that we are fully complying with the Court’s rules. We maintained ongoing open communication with Ms. Mccray’s attorney and provided the requested documents for more than two months. It is surprising that she continues to seek sanctions, especially considering that she never submitted a Motion to Compel related to these discovery problems. We intend to defend ourselves before the Court. “
Addressing the allegation of systemic discovery abuse, Hargrove told us “the number of cases involving disputed discovery disputes, and certainly those in which Walmart was sanctioned, are extraordinarily rare compared to the number of cases that Walmart disputes.”
In November 2020, Walmart operated 84 “Supercenters”, 26 neighborhood markets and 13 Sam’s Clubs in South Carolina. The company also operated four distribution centers in the state – and is preparing to open another such facility in Dorchester, SC, in September 2021.
This installation will employ approximately 1,000 South Carolinians and “will provide several regional distribution centers that support approximately 850 Walmart stores and Sam’s Clubs across South Carolina and beyond”, according to the governor of South Carolina Henry McMaster.
Walmart employs an estimate 31,613 “Associates” in the state of Palmetto – with full-time and part-time field associates earning an average salary of $ 13.78, according to the company. The company also spent an estimate $ 910 million with 607 different suppliers from South Carolina in 2020, supporting another 24,281 jobs.
Paid Walmart $ 116.5 million in taxes to the state too, and donated $ 18 million for South Carolina-based charities.
Throughout the country, Walmart operated about 11,500 stores last fall – generating an impressive $ 523.4 billion revenue amount.
The media will keep an eye on this case as it moves forward with a particular look at next week’s hearing in front of Judge Bentley.
Stay tuned …
-FITSNews
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