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MARTINO v. WAL-MART STORES INC.

No. 4D01-2693.

835 So.2d 1251 (2003)

Ronna MARTINO and Raymond Martino, her husband, Appellants, v. WAL-MART STORES, INC., an Arkansas corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

January 29, 2003.

Attorney(s) appearing for the Case

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., and Steven W. Halvorson of Schuler & Halvorson, P.A., West Palm Beach, for appellants.

Brent F. Bradley of Kinsey, Troxel, Johnson & Walborsky, P.A., and Jeffrey P. Gill of Vernis & Bowling of Northwest Florida, P.A., Pensacola, for appellee.

STEVENSON, J.

While shopping at a Wal-Mart store, Ronna Martino was allegedly injured when her shopping cart collapsed. This appeal stems from the entry of a directed verdict in favor of Wal-Mart Stores, Inc., on the Martinos' negligence claims and dismissal of the Martinos' spoliation of evidence claim. We reverse the directed verdict on the negligence claims, but affirm the dismissal of the spoliation of evidence claim.

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