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Date: 06-15-2012

Case Style: Alam Fisher v. Wal-Mart Stores East, Inc.

Case Number: 5:11-cv-01476-W

Judge: Lee R. West

Court: United States District Court for the Western District of Oklahoma (Oklahoma County)

Plaintiff's Attorney: Randolph L. Wagner

Defendant's Attorney: Mark T. Steele and Amber I. Malik and Brandy L. Wandres

Description: On November 17, 2010, Alma Fisher (“Plaintiff”) was involved in a slip and fall accident at the Enid Wal-Mart. On the day of the incident, Plaintiff slipped and fell in a large puddle of liquid, which ranged in color from light to dark. The Plaintiff has brought this present action alleging that Wal-Mart was negligent. Plaintiff was able to describe the color and size of the puddle with clarity. Moreover, Plaintiff herself testified that had glanced down at the floor, she would have seen the large puddle. Based upon this undisputed evidence, taken in light most favorable to the Plaintiff, the large puddle in which Plaintiff fell, was clearly visible, and was therefore an open and obvious condition. As such,

Wal-Mart owed no duty to the Plaintiff.

Outcome: Settled during mediation and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
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