FUTCH v. WAL-MART STORES, INC.

No. 1D07-2644.

988 So.2d 687 (2008)

Cynda FUTCH and Willie Futch, her husband, Appellants, v. WAL-MART STORES, INC., an Arkansas corporation, Appellee.

District Court of Appeal of Florida, First District.

July 31, 2008.


Attorney(s) appearing for the Case

Stuart B. Yanofsky of Stuart B. Yanofsky, P.A., Plantation, for Appellants.

J. Andrew Talbert and Michael E. Fenimore of Bozeman, Jenkins & Matthews, P.A., Pensacola, for Appellee.


WOLF, J.

Cynda Futch and Willie Futch, her husband, plaintiffs in the trial court, raise one issue on appeal: whether the trial court erroneously granted summary judgment in favor of appellee, Wal-Mart Stores, Inc., based on the impact rule. The trial court granted summary judgment based on lack of physical injury. The affidavit of Mrs. Futch, filed in opposition to the motion for summary judgment, however, raised issues...

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