United States District Court, W.D. Arkansas, Fayetteville Division
MEMORANDUM OPINION AND ORDER
TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE
before the Court are:
• Defendant Wal-Mart Stores Arkansas, LLC's
("Walmart") Motion for Summary Judgment (Doc. 44),
Brief in Support (Doc. 45), and Statement of Facts (Doc. 46);
Plaintiff Krystal Megan Delima's Response in Opposition
(Doc. 49), Brief in Support (Doc. 50), Statement of Facts
(Doc. 54), and Statement of Disputed Facts (Doc. 55); and
Walmart's Reply (Doc. 56);
• Ms. Delima's Motion to Strike Uncertified Rough
Draft Transcript of Her Deposition (Doc. 51) and Brief in
Support (Doc. 60); and Walmart's Response in Opposition
(Doc. 64) and Brief in Support (Doc. 65);
• Ms. Delima's Motion to Strike Christopher Milam
Affidavit (Doc. 53) and Brief in Support (Doc. 57); and
Walmart's Response in Opposition (Doc. 62) and Brief in
Support (Doc. 63);
• Ms. Delima's Motion for Leave to File a Sur-Reply
to Walmart's Motion for Summary Judgment (Doc. 68) and
Brief in Support (Doc. 69); and Walmart's Response in
Opposition (Doc. 73) and Brief in Support (Doc. 74); and
• Ms. Delima's Motion to Suppress All Parts of Her
Own Deposition (Doc. 70) and Brief in Support (Doc. 71); and
Walmart's Response in Opposition (Doc. 75) and Brief in
Support (Doc. 76).
reasons explained below, these motions are all
arrival of the holiday season brings with it the lure of
special bargains at big box retailers like Walmart. Ms.
Delima attended one such sale at Walmart in Siloam Springs,
Arkansas on November 27, 2014. She was particularly
interested in purchasing two items: an iPad tablet and a
Samsung Galaxy tablet. The sales on the iPad tablet began at
6:00 PM. Ms. Delima and her daughter arrived at the store and
lined up in the designated lines that Walmart staff had
created. She was able to purchase an iPad tablet without
around 6:20 PM, Ms. Delima began to move towards the area
where the Samsung Galaxy tablets were located. Because the
sale on those tablets did not start until 8:00 PM, she was
one of the first people to line up for that sale. As the sale
drew closer, the crowd behind her grew extensively. Walmart
associates and off-duty policemen helped direct customers and
stood in front of the merchandise until shortly before the
sale began. Approximately ten minutes before the sale began,
Christopher Milam, the manager of this particular Walmart,
announced to the crowd that the sale would begin soon and
requested that the crowd be calm and courteous. At 8:00 PM,
he announced that the sale was open.
to Ms. Delima, the opening of the sale for the Samsung Galaxy
tablets caused panic. The announcement opened a flood gate
that sent the crowd rushing towards the merchandise, since
Walmart was selling the tablets on a "first come,
first-served" basis. Ms. Delima contends that she was
pushed by the crowd into the Samsung Galaxy rack, where she
remained stuck until everyone was done getting the tablets.
Fortunately, one of the tablets managed to hit her stomach
and she was ultimately able to purchase the tablet;
unfortunately, she contends that she suffered injuries to her
back and pinky finger caused by the rushing crowd.
Delima then brought the present lawsuit against Walmart,
contending that it was negligent in how it managed the sale
of the Samsung Galaxy tablets that evening. According to Ms.
Delima, her injuries stem directly from Walmart's failure
to conduct the sale in a safe manner.
the close of discovery, Walmart moved for summary judgment.
In response, Ms. Delima filed four separate motions seeking
to strike various materials, including her own deposition
transcript, that were included with Walmart's motion. The
Court now turns to the pending motions.
Ms. Delima's Motion to Strike Uncertified ...