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Date: 02-23-2023
Case Style:
Elena Zhanadova v. Wal-Mart Stores East, L.P.
Case Number: 0:21-cv-60668
Judge: Rodney Smith
Court: United States District Court for the Southern District of Florida (Broward County)
Plaintiff's Attorney:
Defendant's Attorney: Jerry Dean Hamilton and Suzette Luisa Russomanno
Description: Fort Lauderdale, Florida personal injury lawyer represented Plaintiff who sued Defendant on a premises liability negligence theory claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of an accident in one of Defendant's stores caused by the failure to exercise due care in the maintenance and operation of the store.
This case was filed in the 17th Judicial Circuit, Broward County, Florida, CACE-21-03928, and was removed to federal court by Walmart.
The claims made and defenses asserted are not available.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Business owners owe a duty of due care in the maintenance and operation of their businesses to minimize the risk of injury or death to business invitees.
Kent Morlan on Torts
Outcome: 02/23/2023 62 Acknowledgment of Receipt of NOA from USCA re 59 Notice of Appeal, filed by Elena Zhanadova. Date received by USCA: 02/21/2023. USCA Case Number: 23-10545-CC. (jes) (Entered: 02/23/2023)
02/23/2023 63 PAPERLESS ORDER DENYING WITHOUT PREJUDICE 60 Defendant's Motion for Bill of Costs and 61 Defendant's Verified Memorandum in Support of its Bill of Costs. Given 59 the Notice of Appeal, and to conserve judicial and attorney resources, the undersigned exercises its discretion to deny the instant motion without prejudice pending appeal. Defendant may refile its motion after the appeal has been resolved. See, e.g., Surfaces, Inc. v. Point Blank Enters., Inc., 20-CV-62648-RS (S.D. Fla. Feb. 6, 2023) (ECF No. 146) (exercising court's discretion in denying motion to tax costs without prejudice pending appeal); Williams v. The GEO Group, Inc., No. 20-CV-81960 (S.D. Fla. Apr. 21, 2022) (ECF No. 99) (same); Chavez v. Mercantil Commercebank, N.A., 10-CV-23244, 2012 WL 12861093, at *3 (S.D. Fla. Aug. 20, 2012) (denying fees and costs motions without prejudice because, "by deferring ruling, the Court conserves judicial resources"); see also Victor Elias Photography, LLC v. Ice Portal, Inc., No. 19-CV-62172-RS (S.D. Fla. Jul. 27, 2021) (ECF No. 87) (terminating motion for attorney fees pending appeal). Accordingly, Defendant may refile the motion within 30 days of the issuance of the Eleventh Circuit's mandate. Signed by Magistrate Judge Alicia O. Valle on 2/23/2023. (sd01) (Entered: 02/23/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: