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Delima v. Wal-Mart Stores Arkansas, LLC

United States District Court, W.D. Arkansas, Fayetteville Division

December 21, 2018

KRYSTAL MEGAN DELIMA PLAINTIFF
v.
WAL-MART STORES ARKANSAS, LLC DEFENDANT

          MEMORANDUM OPINION AND ORDER

          TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

         Currently 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).

         For the reasons explained below, these motions are all DENIED.

         I. BACKGROUND

         The 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 incident.

         By 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.

         According 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.

         Ms. 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.

         Following 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.

         II. DISCUSSION

         A. Ms. Delima's Motion to Strike Uncertified ...


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