SUTTON v. WAL-MART STORES EAST, LP

No. 22-10162.

64 F.4th 1166 (2023)

Vanessa SUTTON, Plaintiff-Appellant, v. WAL-MART STORES EAST, LP, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: March 31, 2023.


Attorney(s) appearing for the Case

Philip D. Parrish, Philip D. Parrish, PA, Miami, FL, Aaron Sullivan Feuer, Rubenstein Law, PA, Miami, FL, Peter Robert Hunt, Rubenstein Law, West Palm Beach, FL, for Plaintiff-Appellant.

Darin A. DiBello, Spencer Woodstock, Attorney, Fasi & DiBello, PA, Miami, FL, for Defendant-Appellee.

Before William Pryor, Chief Judge, Marcus, Circuit Judge, and Mizelle, District Judge.


Vanessa Sutton slipped in a Wal-Mart, fell to the ground, and injured her back and shoulder. While lying on the floor, she saw the culprit: a squished grape, accompanied by juice, a track mark, and footprints. No witnesses saw the grape before her fall, and a video in the record does not offer a clear picture of when the grape...

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