Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 02-23-2023
Case Style:
Jessica Frazier v. Walmart, Inc.
Case Number: 1:21-cv-01038
Judge: Gregory J. Fouratt
Court: United States District Court for the District of New Mexico (Bernalillo County)
Plaintiff's Attorney:
Defendant's Attorney: Bayard Roberts and Megan Muirhead
Description: Albuquerque, New Mexico 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 in an accident in one of Defendant's stores caused by the failure to exercise due care in the operation of the store by Defendant's employees.
This case was filed in the Second Judicial District Court, 21cv4389, and was removed to federal court by Defendant.
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: 02/02/2023 44 STIPULATED ORDER by Magistrate Judge Jerry H. Ritter granting 43 Joint Motion to Extend Deadline to Submit Closing Documents. Closing documents must now be submitted by March 2, 2023. (ama) (Entered: 02/02/2023)
02/13/2023 45 Joint MOTION to Dismiss With Prejudice by Michael Gallegos, Walmart Inc.. (Muirhead, Megan) (Entered: 02/13/2023)
02/13/2023 46 STIPULATED ORDER OF DISMISSAL WITH PREJUDICE by Magistrate Judge Gregory J. Fouratt. (gbg) (Entered: 02/13/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: