Gibson v. Walmart Inc. (2022)

This case was last updated from U.S. District Courts on 09/26/2021 at 10:31:30 (UTC).

Case Summary

On 07/28/2021 Gibson filed a Personal Injury - Other Personal Injury lawsuit against Walmart Inc. This case was filed in U.S. District Courts, Louisiana Eastern District. The Judges overseeing this case are Susie Morgan and Michael North. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

Case Details

  • Case Number:

    2:21-CV-01428

  • Filing Date:

    07/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    Louisiana Eastern District

Judge Details

Presiding Judge

Susie Morgan

Referral Judge

Michael North

Party Details

Plaintiff

Lovie Gibson

Defendant

Walmart Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Philip Donatien Lorio, IV

Attorney at The Chopin Law Firm

650 Poydras Street, Suite 1550

New Orleans, LA 70130

Edward F. Kohnke, IV

Attorney at Edward F. Kohnke, IV, Attorney at Law

2917 Magazine Street, Suite 201

New Orleans, LA 70119

Justin McCarthy Chopin

Attorney at Chopin Law Firm LLC

650 Poydras Street, Suite 1550

New Orleans, LA 70130

Richard A Chopin

Attorney at The Chopin Law Firm

650 Poydras Street, Suite 1550

New Orleans, LA 70130

Richard Villere Kohnke

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Attorney at Richard V. Kohnke, Attorney at Law

2917 Magazine St., Suite 201

New Orleans, LA 70115

Defendant Attorneys

Christopher David James-Lomax

Attorney at McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch (N.O.)

909 Poydras Street, Suite 1000

New Orleans, LA 70112

Isidro Rene' Derojas

Attorney at McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch (N.O.)

909 Poydras Street, Suite 1000

New Orleans, LA 70112

Court Documents

#19

(#19) PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 9/21/2021.(jls) (Entered: 09/21/2021)

18 #2

Exhibit

18 #1

Proposed Order

#18

(#18) EXPARTE/CONSENT Joint MOTION for Protective Order by Walmart Inc.. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Exhibit)(James-Lomax, Christopher) (Entered: 09/17/2021)

#17

(#17) ORDER denying #8 Motion for Leave to File First Supplemental and Amended Complaint. Signed by Magistrate Judge Michael North on 9/9/2021. (caa) (Entered: 09/09/2021)

16 #1

Exhibit D

#16

(#16) REPLY to Response to Motion filed by Lovie Gibson re #8 MOTION to Amend/Correct Plaintiff's Petition for Damages. (Attachments: #1 Exhibit D)(jls) (Entered: 09/07/2021)

14 #3

Proposed Order

(Video) Gibson's Discount Store before Wal-Mart

14 #1

Proposed Pleading

8 #8

Notice of Submission (Civil Only)

8 #7

Certificate in Compliance

8 #6

Proposed Order

8 #5

Exhibit C

8 #4

Exhibit B

8 #3

Exhibit A

8 #2

Proposed Pleading

8 #1

Memorandum in Support

(Video) PT358 – Dr. Rick Barnett, Psy.D – Contexts of Use: Exploring the Various Paradigms of Psychedelics

#8

(#8) MOTION to Amend/Correct Plaintiff's Petition for Damages by Lovie Gibson. Motion(s) referred to Michael North. Motion(s) will be submitted on 9/1/2021. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order, #7 Certificate in Compliance, #8 Notice of Submission)(Lorio, Philip) (Entered: 08/12/2021)

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Docket Entries

  • 09/21/2021
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  • Docket(#19) PROTECTIVE ORDER. Signed by Magistrate Judge Michael North on 9/21/2021.(jls) (Entered: 09/21/2021)

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  • 09/17/2021
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  • Docket(#18) EXPARTE/CONSENT Joint MOTION for Protective Order by Walmart Inc.. Motion(s) referred to Michael North. (Attachments: #1 Proposed Order, #2 Exhibit)(James-Lomax, Christopher) (Entered: 09/17/2021)

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  • 09/09/2021
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  • Docket(#17) ORDER denying #8 Motion for Leave to File First Supplemental and Amended Complaint. Signed by Magistrate Judge Michael North on 9/9/2021. (caa) (Entered: 09/09/2021)

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  • 09/07/2021
  • Docket(#16) REPLY to Response to Motion filed by Lovie Gibson re #8 MOTION to Amend/Correct Plaintiff's Petition for Damages. (Attachments: #1 Exhibit D)(jls) (Entered: 09/07/2021)

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  • 09/07/2021
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  • Docket(#15) ORDER GRANTING #14 Motion for Leave to File Reply Memorandum to Defendant's Opposition to Plaintiff's Motion for Leave to File First Supplemental and Amended Complaint. Signed by Magistrate Judge Michael North on 9/7/2021. (jls) (Entered: 09/07/2021)

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  • 08/27/2021
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  • Docket(#14) EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Leave to File First Supplemental and Amended Complaint by Lovie Gibson. Motion(s) referred to Michael North. (Attachments: #1 Proposed Pleading - Reply Memo, #2 Proposed Pleading - Exhibit D, #3 Proposed Order)(Lorio, Philip) Modified text on 9/3/2021 (jls). (Entered: 08/27/2021)

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  • 08/26/2021
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  • Docket(#13) ORDERED that Plaintiff's #8 MOTION for Leave to File First Supplemental and Amended Complaint will be decided on the briefs without oral argument. Signed by Magistrate Judge Michael North on 8/25/2021.(jls) (Entered: 08/26/2021)

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  • 08/24/2021
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  • Docket(#12) RESPONSE/MEMORANDUM in Opposition to re #8 MOTION to Amend/Correct Plaintiff's Petition for Damages filed by Walmart Inc. (James-Lomax, Christopher) Modified text on 8/24/2021 (pp). (Entered: 08/24/2021)

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  • 08/13/2021
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  • Docket(#11) NOTICE TO PRODUCE HARD COPY: Because rec. doc. #8 contains more than 50 pages, counsel for the movant must deliver to chambers within three working days a hard copy of the submission, as set forth herein. Issued by the Clerk for Magistrate Judge Michael North.(jls) (Entered: 08/13/2021)

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  • 08/12/2021
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  • Docket(#10) Request/Statement of Oral Argument regarding #8 MOTION to Amend/Correct Plaintiff's Petition for Damages by Lovie Gibson. (Lorio, Philip) Modified text on 8/12/2021 (pp). (Entered: 08/12/2021)

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  • 08/12/2021
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  • Docket(#9) SCHEDULING ORDER: Telephone Status Conference set for 12/15/2021 at 2:00 PM before Judge Susie Morgan. Final Pretrial Conference set for 4/26/2022 at 10:00 AM before Judge Susie Morgan. 5 day Jury Trial set for 5/23/2022 at 9:00 AM before Judge Susie Morgan. All discovery must be completed by 3/8/2022. (Attachments: #1 Pretrial Notice Form)(bwn) (Entered: 08/12/2021)

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  • 08/12/2021
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  • Docket(#8) MOTION to Amend/Correct Plaintiff's Petition for Damages by Lovie Gibson. Motion(s) referred to Michael North. Motion(s) will be submitted on 9/1/2021. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Order, #7 Certificate in Compliance, #8 Notice of Submission)(Lorio, Philip) (Entered: 08/12/2021)

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  • 08/09/2021
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  • Docket(#7) ORDER granting #6 Motion to Enroll Philip Donatien Lorio, IV, Justin McCarthy Chopin, and Richard A Chopin as Counsel of Record for Lovie Gibson. Signed by Judge Susie Morgan on 08/09/2021. (ko) Modified text on 8/9/2021 (tsf). (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#6) EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Phillip D. Lorio IV, Justin M. Chopin, and Richard A. Chopin by Lovie Gibson. (Attachments: #1 Proposed Order)(Kohnke, Richard) Modified text on 8/9/2021 (lw). (Entered: 08/06/2021)

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  • 08/05/2021
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    (Video) WHATEVER YOU DRAW, I BUY! EXTREME CHALLENGE!

  • Docket(#5) Statement of Corporate Disclosure by Walmart Inc. (James-Lomax, Christopher) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#4) Notice of Compliance List of Parties and Pleadings by Walmart Inc. re #1 Notice of Removal,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(James-Lomax, Christopher) (Entered: 08/05/2021)

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  • 07/29/2021
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  • Docket(#3) PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 8/12/2021 at 10:00 AM before case manager by telephone. Signed by Clerk.(bwn) (Entered: 07/29/2021)

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  • 07/28/2021
  • Docket(#2) Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Michael North. (ess) (Entered: 07/28/2021)

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  • 07/28/2021
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  • Docket(#1) NOTICE OF REMOVAL with jury demand from Civil District Court, case number 2021-03275 (Filing fee $ 402 receipt number ALAEDC-8969934) filed by Walmart Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)Attorney Christopher David James-Lomax added to party Walmart Inc.(pty:dft).(James-Lomax, Christopher) (Entered: 07/28/2021)

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Gibson v. Walmart Inc. (1)

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Case Type:

Personal Injury - Other Personal Injury

Case Category:

Civil

Description:

Cases involving other personal injury not classified elsewhere

NOS Code:

360, 1360, 2360, 2367, 3360, 3367, 4360, 4367, 5360, 5367

Gibson v. Walmart Inc.

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Read Gibson v. Wal-Mart Stores Inc., 181 F.3d 1163, see flags on bad law, and search Casetext’s comprehensive legal database

Several years after being injured while stocking shelves at a Wal-Mart Stores, Inc. (Wal-Mart) store and receiving more than $31,000 in benefits from Wal-Mart's private workers' compensation plan, Gale Gibson brought this action against Wal-Mart and Becky Brooks, a former co-employee, alleging that they negligently caused her injuries.. In further support of her duress argument, Gibson complains that she was not given any time to deliberate on the Agreement, she was not told that she had a right to consult with an attorney, she was not encouraged to consult with an attorney, she was unable to negotiate the terms of the Agreement, and she was suffering from some physical discomfort at the time she signed the Agreement.. In the Agreement, Gibson "acknowledge[d] that if he/she executes this [Agreement] that he/she is agreeing to arbitrate any disputes as to entitlement to benefits under Wal-Mart's workers' compensation plan .". By signing the Agreement and accepting benefits under Wal-Mart's plan, Gibson thus clearly waived her right to bring this suit against Wal-Mart and agreed to arbitrate all disputes concerning her eligibility for benefits under its plan.. The fact that Brooks did not individually sign the Agreement does not preclude enforcement of the Agreement with respect to Gibson's claims against her because it is clear that Brooks was, at the very least, a third party beneficiary of the Agreement.. May 28, 1999) (explaining that a nonsignatory may enforce an arbitration agreement under a third party beneficiary theory when the parties to the agreement have agreed, upon the formation of their agreement, to confer the benefits thereof to the nonsignatory); Ex parte Gray , 686 So.2d 250, 251 (Ala. 1996) (individual defendant could compel arbitration of claims arising from his actions as co-defendant's employee, notwithstanding fact that he was not a signatory to arbitration agreement between plaintiff and co-defendant, because "[a] party should not be able to avoid an arbitration agreement merely by suing an employee of a principal"); cf.

Read Gibson v. Wal-Mart Stores, Inc., 189 F. Supp. 2d 443, see flags on bad law, and search Casetext’s comprehensive legal database

This case, involving allegations of negligent product design, manufacture, and marketing in violation of the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, and the Toxic Substance Control Act, as well as negligent product placement and negligent treatment of a business invitee, comes before the court on Defendants' Motion for Summary Judgment.. Plaintiff Sally V. Gibson (Mrs. Gibson) and her husband Silas Gibson (Mr. Gibson) went to the Wal-Mart Store (Wal Mart) in Norton, Virginia, on August 29, 1998 with the intent of purchasing a charcoal grill, charcoal, and charcoal lighter fluid.. of Mrs. Gibson at 8; Mrs. Gibson Aff.). In sum, Mrs. Gibson fails to prove that the lighter fluid is an unreasonably dangerous product, or that her injuries were due to an unreasonably dangerous condition created by one or both of the defendants.. Mrs. Gibson has also alleged that the defendants violated several federal statutes governing the production and packaging of charcoal lighter fluid.. In the case at bar, Mrs. Gibson has been unable to show that Wal Mart had any notice of any defective condition that existed with the container of charcoal lighter fluid.. Mrs. Gibson contended at oral argument that when Wal Mart began to administer some medical treatment, it assumed a continuing duty to provide medical treatment, and that this duty was breached by not arranging transport for Mrs. Gibson to the hospital.

Gibson v. Wal-Mart Stores, Inc., 189 F. Supp. 2d 443 (W.D. Va. 2002) case opinion from the US District Court for the Western District of Virginia

This case, involving allegations of negligent product design, manufacture, and marketing in violation of the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, and the Toxic Substance Control Act, as well as negligent product placement and negligent treatment of a business invitee, comes before the court on Defendants' Motion for Summary Judgment.. Plaintiff Sally V. Gibson (Mrs. Gibson) and her husband Silas Gibson (Mr. Gibson) went to the Wal-Mart Store (Wal Mart) in Norton, Virginia, on August 29, 1998 with the intent of purchasing a charcoal grill, charcoal, and charcoal lighter fluid.. of Mrs. Gibson at 8; Mrs. Gibson Aff.). According to Mr. Gibson, he requested that Lewis contact emergency medical services and arrange for an ambulance transport to the hospital, (Mr. Gibson Aff.). In sum, Mrs. Gibson fails to prove that the lighter fluid is an unreasonably dangerous product, or that her injuries were due to an unreasonably dangerous condition created by one or both of the defendants.. C. Federal Statutory Claims Mrs. Gibson has also alleged that the defendants violated several federal statutes governing the production and packaging of charcoal lighter fluid.. Mrs. Gibson contended at oral argument that when Wal Mart began to administer some medical treatment, it assumed a continuing duty to provide medical treatment, and that this duty was breached by not arranging transport for Mrs. Gibson to the hospital.

Several years after being injured while stocking shelves at a Wal-Mart. Stores, Inc. (Wal-Mart) store and receiving more than $31,000 in benefits from. Wal-Mart's private workers' compensation plan, Gale Gibson brought this action. against Wal-Mart and Becky Brooks, a former co-employee, alleging that they. negligently caused her injuries.. Powers presented her with a "WAIVER AND RELEASE OF. RIGHT TO SUE" agreement (the Agreement), which Gibson signed without. reading.. After signing the Agreement, Gibson received more than $31,000 in. benefits under Wal-Mart's workers' compensation plan over several years.. In. this case, the Agreement specifically provides for Gibson to recover benefits for. her injuries and, in fact, she received more than $31,000 in benefits from Wal-Mart's workers'. compensation plan.. In further support of her duress argument, Gibson complains that she was. not given any time to deliberate on the Agreement, she was not told that she had a. right to consult with an attorney, she was not encouraged to consult with an. attorney, she was unable to negotiate the terms of the Agreement, and she was. suffering from some physical discomfort at the time she signed the Agreement.. Initially, we point out that Gibson had an opportunity to review the. Agreement, and the Agreement specifically provides that Gibson was given the. opportunity to consult with counsel.. Gibson contends that, even if the Agreement is enforceable, the. Agreement's arbitration clause does not apply to the present dispute.. In the Agreement, Gibson "acknowledge[d] that if he/she. executes this [Agreement] that he/she is agreeing to arbitrate any disputes as to. entitlement to benefits under Wal-Mart's workers' compensation plan .". By signing the. Agreement and accepting benefits under Wal-Mart's plan, Gibson thus clearly. waived her right to bring this suit against Wal-Mart and agreed to arbitrate all. disputes concerning her eligibility for benefits under its plan.. Rather than waiving its. right to enforce the Agreement, Wal-Mart is specifically attempting to enforce the. terms of the Agreement by seeking arbitration of her eligibility for further. benefits.. However, the Agreement specifically provides that. Gibson has waived and released her claims against not only Wal-Mart, but also. Wal-Mart's employees.. It shall be unlawful for any person, company or corporation, to require of its. servants or employees as a condition of their employment, or otherwise, any. contract or agreement whereby such person, company or corporation shall. be released or discharged from liability or responsibility, on account of. personal injuries received by such servants or employees, while in the. service of such person, company or corporation, by reason of the negligence. of such person, company or corporation, or the agents or employees thereof,. and such contracts shall be absolutely null and void.. It shall be unlawful for any person, company or corporation to require of its. servants or employees, as a condition of their employment or otherwise, any. contract or agreement whereby such person, company or corporation shall. be released or discharged from liability or responsibility on account of. personal injuries received by such servants or employees while in the. service of such person, company or corporation, by reason of the negligence. of such person, company or corporation, or the agents or employees thereof,. and such contracts shall be absolutely null and void.. The fact that Brooks did not individually. sign the Agreement does not preclude. enforcement of the Agreement with respect to Gibson's claims against her because it is. clear that Brooks was, at the very least, a third party beneficiary of the Agreement.. May 28, 1999) (explaining that a nonsignatory may enforce an arbitration. agreement under a third party beneficiary theory when the parties to the agreement have. agreed, upon the formation of their agreement, to confer the benefits thereof to the. nonsignatory); Ex parte Gray , 686 So.2d 250, 251 (Ala. 1996) (individual defendant. could compel arbitration of claims arising from his actions as co-defendant's employee,. notwithstanding fact that he was not a signatory to arbitration agreement between plaintiff. and co-defendant, because "[a] party should not be able to avoid an arbitration agreement. merely by suing an employee of a principal"); cf.Arnold .v Arnold Corp.--Printed. Communications for Bus.

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Miller told her that Wal-Mart would pay for her medical expenses only if she signed some release papers and sought benefits through Wal-Mart's private workers' compensation plan.. In this case, the Agreement specifically provides for Gibson to recover benefits for her injuries and, in fact, she received more than $31,000 in benefits from Wal-Mart's workers' compensation plan.. The Agreement also does not violate either Article 19, § 7 of the Wyoming Constitution or Wyoming Statute § 27-1-105.. See Blubaugh, 842 P.2d at 1075-76 (finding that a release of liability agreement was not signed under economic duress when the plaintiff did not have the opportunity to negotiate the terms of his release, was in shock and distraught at the time he signed the release, and was not told that he had a right to consult with an attorney).. Gibson contends that, even if the Agreement is enforceable, the Agreement's arbitration clause does not apply to the present dispute.. However, the Agreement specifically provides that Gibson has waived and released her claims against not only Wal-Mart, but also Wal-Mart's employees.. There is no dispute that Brooks is a Wal-Mart employee, and the mere fact that Brooks did not join in Wal-Mart's motion to compel arbitration does not render the district court's ruling erroneous.. Corp. v. Franklin, 177 F.3d 942, 946-47 (11th Cir.1999) (explaining that a nonsignatory may enforce an arbitration agreement under a third party beneficiary theory when the parties to the agreement have agreed, upon the formation of their agreement, to confer the benefits thereof to the nonsignatory); Ex parte Gray, 686 So.2d 250, 251 (Ala.1996) (individual defendant could compel arbitration of claims arising from his actions as co-defendant's employee, notwithstanding fact that he was not a signatory to arbitration agreement between plaintiff and co-defendant, because “[a] party should not be able to avoid an arbitration agreement merely by suing an employee of a principal”); cf.

181 F.3d 1163 (10th Cir. 1999)

1Several years after being injured while stocking shelves at a Wal-Mart Stores , Inc. (Wal-Mart) store and receiving more than $31,000 in benefits from Wal-Mart's private workers' compensation plan, Gale Gibson brought this action against Wal-Mart and Becky Brooks, a former co-employee, alleging that they negligently caused her injuries.. Powers presented her with a "WAIVER AND RELEASE OF RIGHT TO SUE" agreement (the Agreement), which Gibson signed without reading.. 3In the Agreement, Gibson "expressly and voluntarily waive[d] and release[d]... any and all rights which he/she may have to file any independent action in any court against Wal-Mart, its officers, directors, employees, agents or attorneys as the result of any accident... which arises in any manner out of [her] employment with Wal-Mart.". 4After signing the Agreement, Gibson received more than $31,000 in benefits under Wal-Mart's workers' compensation plan over several years.. In this case, the Agreement specifically provides for Gibson to recover benefits for her injuries and, in fact, she received more than $31,000 in benefits from Wal-Mart's workers' compensation plan.. In essence, Gibson is raising an economic duress claim, i.e., Wal-Mart threatened not to cover her medical expenses and she had no economically viable choice other than to sign the Agreement in light of that threat.. 18In further support of her duress argument, Gibson complains that she was not given any time to deliberate on the Agreement, she was not told that she had a right to consult with an attorney, she was not encouraged to consult with an attorney, she was unable to negotiate the terms of the Agreement, and she was suffering from some physical discomfort at the time she signed the Agreement.. 1990) (per curiam) (explaining that, in determining whether party acted voluntarily in signing a release and waiver, the court should consider, inter alia, "'the amount of time plaintiff had for deliberation about the release before signing it[,]... whether plaintiff was encouraged to seek, or in fact received benefit of counsel'" and "'whether there was an opportunity for negotiation of the terms of the Agreement'" (quoting Cirillo v. Arco Chem.. See Blubaugh, 842 P.2d at 1075-76 (finding that a release of liability agreement was not signed under economic duress when the plaintiff did not have the opportunity to negotiate the terms of his release, was in shock and distraught at the time he signed the release, and was not told that he had a right to consult with an attorney).. 19Initially, we point out that Gibson had an opportunity to review the Agreement, and the Agreement specifically provides that Gibson was given the opportunity to consult with counsel.. In the Agreement, Gibson "acknowledge[d] that if he/she executes this [Agreement] that he/she is agreeing to arbitrate any disputes as to entitlement to benefits under Wal-Mart's workers' compensation plan.". By signing the Agreement and accepting benefits under Wal-Mart's plan, Gibson thus clearly waived her right to bring this suit against Wal-Mart and agreed to arbitrate all disputes concerning her eligibility for benefits under its plan.. Rather than waiving its right to enforce the Agreement, Wal-Mart is specifically attempting to enforce the terms of the Agreement by seeking arbitration of her eligibility for further benefits.. However, the Agreement specifically provides that Gibson has waived and released her claims against not only Wal-Mart, but also Wal-Mart's employees.

SANDRA CABRINA JENKINS Judge. This is a workers compensation case. Plaintiff appellant Marilyn Gibson appeals a July 30...20200827225

Plaintiff/appellant Marilyn Gibson appeals a July 30, 2019 judgment granting a motion for summary judgment filed by Ms. Gibson's employer, defendant/appellee Walmart, Inc. ("Walmart").. Shawanda Gardner, a department manager at Walmart, executed an affidavit in which she attested that she had no knowledge of an accident that allegedly occurred in June 2018 after Ms. Gibson rammed to work, in which Ms. Gibson allegedly injured herself picking up a box at work.. Although Ms. Gibson testified that she reported the incident within two days Ms. Fortias stated in her affidavit that Ms. Gibson did not report that she had sustained an injury lifting a box at work until on or about November 8, 2018, when she completed the "Associate Incident Report, claiming she was injured on June 3, 2018, lifting a box.. When Ms. Gibson saw Dr. Russo again on July 25, 2018, two months after her alleged accident, she reported complaints of "generalized achiness," as mentioned on June 1, but now claimed that they were due to lifting a box at work.. Contrary to Ms. Gibson's claim that she was "back to normal" when she returned to work in June, a "pain management questionnaire" contained in Dr. Kaufman's records states that Ms. Gibson had been having pain in her neck back, hips, and shoulders since March 2018.

166 U.S. 269

'(4) Congress, by the river and harbor acts of July 5, 1884 ( 23 Stat.. 310 , 327), authorized and directed the improvement of the said Ohio river as follows:. '(5) The construction of said dike by the United States for the purposes aforesaid has substantially destroyed the landing of the claimant, by preventing the free egress and ingress to and from said landing on and in front of the claimant's farm, to the main or navigable channel of said river.. In making the improvement the defendants did not recognize any right of property in the claimant in and to the right alleged to be affected, did not attempt or assume to take private property in and by the construction of the dike, but proceeded in the exercise of a claimed right to improve the navigation of the river.'. The opinion of the court, by Weldon, J., discusses the case at length, citing many decisions, and maintains the conclusion on the grounds that the court had no jurisdiction; and that, if it had, there still could be no recovery, because the United States were not responsible to claimant for injuries suffered in the use and occupation of her property in consequence of the construction of the works.. 2In South Carolina v. Georgia, a proposed improvement of the Savannah river consisted of the practical closing of one channel around an island, and the throwing of water into other channels, to the substantial improvement of the harbor of Savannah.. This court held that, in view of the general rule, although structures deemed by congress to be in aid of navigation might in fact be in obstruction of certain methods of navigation of the particular stream, their construction was, nevertheless, within the federal power; and Mr. Justice Strong, delivering the opinion of the court, said: 'It is not, however, to be conceded that congress has no power to order obstructions to be placed in the navigable waters of the United States, either to assist navigation or to change its direction by forcing it into one channel of a river rather than the other.. In Shively v. Bowlby, the leading authorimost of the courts of the United States and of most of the states, and of Great Britain, as to the character of the title to submerged land, are considered, and the conclusion announced that the title is in each state, with full power in the state legislature to confer it on individuals, subject at all times to the servitude of the federal government for regulation and improvement of navigation.. 6In Navigation Co. v. Coons, 6 Watts & S. 101, plaintiff's mill site was destroyed by the backing up of water by a dam built by a canal company under authority of law for the improvement of navigation, and the supreme court of Pennsylvania held this to be a mere consequential damage resulting from the exercise of the public right to improve navigation; that it was damnum absque injuria; and that such flooding and injury did not amount to a taking, under the constitution.. 9'Still, it is only to a case of taking that the obligation extends; and, when a corporation acts by virtue of a constitutional law, it is subject to no other responsibility for acts of consequential damage than is specially provided for.. 12The Pennsylvania constitution of 1873 contained this additional provision: 'Municipal and other corporations and individuals, invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed, by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction;' and in Railroad Co. v. Marchant, 119 Pa. St. 541, 13 Atl.. 13The fifth amendment to the constitution of the United States provides that private property shall not 'be taken for public use without just compensation.'. This court said, again speaking through Mr. Justice Strong: 'But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision.. But in the present case there was no such invasion.. 16In short, the damage resulting from the prosecution of this improvement of a navigable highway, for the public good, was not the result of a taking of appellant's property, and was merely incidental to the exercise of a servitude to which her property had always been subject.

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Debra McCANN, Personally, and as Mother and Next Friend of Jillian McCann and Jonathan McCann, Plaintiffs, Appellees/Cross-Appellants, v. WAL-MART STORES, INC., Defendant, Appellant/Cross-Appellee.. The jury awarded the McCanns $20,000 in compensatory damages on their claim that they were falsely imprisoned in the Wal-Mart store by Wal-Mart employees.. Using this standard, we think that a reasonable jury could conclude that Wal-Mart's employees intended to “confine” the McCanns “within boundaries fixed by” Wal-Mart, that the employees' acts did result in such a confinement, and that the McCanns were conscious of the confinement.. The evidence, taken favorably to the McCanns, showed that Wal-Mart employees stopped the McCanns as they were seeking to exit the store, said that the children were not allowed in the store, told the McCanns that they had to come with the Wal-Mart employees and that Wal-Mart was calling the police, and then stood guard over the McCanns while waiting for a security guard to arrive.. The direction to the McCanns, the reference to the police, and the continued presence of the Wal-Mart employees (who at one point told Jonathan McCann that he could not leave to go to the bathroom) were enough to induce reasonable people to believe either that they would be restrained physically if they sought to leave, or that the store was claiming lawful authority to confine them until the police arrived, or both.. Taking too literally the phrase “actual, physical restraint” would put Maine law broadly at odds with not only the Restatement but with a practically uniform body of common law in other states that accepts the mere threat of physical force, or a claim of lawful authority to restrain, as enough to satisfy the confinement requirement for false imprisonment (assuming always that the victim submits).. However, in this case, Wal-Mart did not offer a proper instruction: in arguing for a different instruction, it said to the district court that the restraint “must be physical and not merely a moral influence,” implicating Wal-Mart's incorrect view that actual physical restraint was required; and its further statement that “[i]nfluencing or convincing another to remain in place is not actual physical restraint” has the same fault and is also open to the criticism that “[i]nfluencing or convincing” is itself a misleading phrase, at least as presented by Wal-Mart, because one could influence or convince by threats of force or assertions of lawful authority, which do or can constitute false imprisonment.

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

government of the State of West Virginia; and. Charleston, West Virginia. Attorney for Appellants. Roger A. Wolfe, Esq.. This case is an appeal from the Circuit Court of Greenbrier County's dismissal. of the appellee Town of Lewisburg (“the Town”), a municipality and a political subdivision. of the State of West Virginia, as a defendant from a lawsuit, on the grounds that the. plaintiffs' second amended complaint failed to state a claim against the Town for which relief. could be granted.. The appellants also state in their complaint that the Town has failed to. properly control stormwater from the Town's property and its drainage collection systems. and that such failure has caused injury to the appellants; that the Town assured the appellants. that it would remedy these injurious conditions, and that the plaintiffs relied on this. assurance, but the Town did not take action to fulfill this assurance; and that _ along with. Walmart, RCDI, the West Virginia Division of Highways, and FCK, an engineering company. _ the Town is legally responsible for the injuries to the appellants and their real property that. are caused by the stormwater discharges that flow onto the appellants' property.. “Appellate review of a circuit court's order granting a. motion to dismiss a complaint is de novo .” Syl.. The Town initially argues that because any stormwater from Town property. and stormwater drainage systems first passes through property owned by Walmart before. arriving on the appellants' property, the Town cannot have any liability for injuries caused. by that drainage _ no matter how complicit, negligent, or unreasonable the conduct of the. Town is or has been in connection with causing that water to arrive on the appellants'. property.. Additionally, the Town argues that any of its conduct with relation to the. allegedly injurious effects on the appellants of stormwater from the Town's drainage systems. and property is immunized by W.Va. Code , 29-12A-5(a) [1986], which states in pertinent. part: A political subdivision is immune from liability if a loss or. claim results from: .. W.Va. Code , 29-12A-5(a) [1986] relates to immunity for a political subdivision. for liability for injuries that are caused by the conduct of a private party who obtains a permit. or license for that conduct from the political subdivision.. We recently ruled that “inspection function” immunity, which is similar to “licensing. function” immunity, does not make a nullity of the duty of political subdivisions to keep their. streets, sewers, stormwater management systems, etc.. Syllabus. Point 5 of Calabrese v. Town of Charleston, 204 W.Va. 650, 515 S.E.2d 814 (1999) states: W.Va.Code, 29-12A-5(a)(10) [1986] does not immunize a. political subdivision from liability arising out of. negligently-caused dangerous, injurious, or harmful conditions. on the subdivision's own property.

Achmea Investment Management B.V. acquired a new stake in shares of Walmart Inc. (NYSE:WMT – Get Rating) during the first quarter, according to the company in its most recent disclosure with the Securities and Exchange Commission (SEC). The firm acquired 178,615 shares of the retailer’s stock, valued at approximately $26,599,000. Walmart makes up approximately 0.7% […]

Achmea Investment Management B.V. acquired a new stake in shares of Walmart Inc. ( NYSE:WMT – Get Rating ) during the first quarter, according to the company in its most recent disclosure with the Securities and Exchange Commission (SEC).. Ulland Investment Advisors LLC now owns 190 shares of the retailer’s stock worth $28,000 after acquiring an additional 155 shares in the last quarter.. DA Davidson raised their price objective on Walmart from $148.00 to $163.00 and gave the stock a “buy” rating in a research note on Wednesday, August 17th.. Oppenheimer raised their price objective on Walmart from $135.00 to $155.00 and gave the stock an “outperform” rating in a research note on Wednesday, August 17th.. StockNews.com upgraded Walmart from a “buy” rating to a “strong-buy” rating in a research note on Wednesday, August 17th.. BMO Capital Markets reduced their price objective on Walmart from $170.00 to $165.00 and set an “outperform” rating for the company in a research note on Wednesday, May 18th.. Finally, Royal Bank of Canada raised their price objective on Walmart from $135.00 to $151.00 and gave the stock an “outperform” rating in a research note on Wednesday, August 17th.. One equities research analyst has rated the stock with a sell rating, seven have given a hold rating, sixteen have given a buy rating and one has issued a strong buy rating to the stock.. In other news, CEO C Douglas Mcmillon sold 9,708 shares of the company’s stock in a transaction on Thursday, June 23rd.. Following the transaction, the chief executive officer now owns 1,517,160 shares of the company’s stock, valued at approximately $185,290,750.80.. Insiders have sold a total of 2,152,124 shares of company stock valued at $297,159,579 in the last quarter.. The company operates through three segments: Walmart U.S., Walmart International, and Sam's Club.. Receive News & Ratings for Walmart Daily - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings for Walmart and related companies with MarketBeat.com's FREE daily email newsletter .

No. 07-506

Whether petitioner was entitled to the benefits of a plea agreement that the court of appeals invalidated at the request of petitioner.. Whether, following vacation of petitioner's guilty plea by the court of appeals, petitioner could, consistent with the Double Jeopardy Clause, be tried on the count to which he pleaded guilty and on the counts that were dismissed pursuant to the plea agreement.. On appeal, the court of appeals vacated his guilty plea, conviction, and sentence, and remanded the case to the district court for further proceedings.. On January 8, 2002, pursuant to the plea agreement, petitioner pleaded guilty to the mail and wire fraud conspiracy count, the government dismissed the remaining counts, and petitioner was sen tenced to 262 months of imprisonment.. 19 ("This Court should hold that the plea and the plea agreement are void and remand this case for further proceedings in the district court.. In so doing, the court concluded that the district court committed plain error in accepting the plea agreement and in sentencing petitioner above the statutory maximum.. Those issues were whether, in Gibson I, the court had authority to vacate the guilty plea in the absence of a specific request by petitioner that it do so; whether the reinstatement of the dismissed charges violated the Double Jeopardy Clause; and whether the government continued to be bound by the promise it made in the plea agreement to dismiss the charges to which petitioner did not plead guilty.. Petitioner contends that the court of appeals erred in vacating his guilty plea and in allowing the government to retry him on the count to which he pleaded guilty and on the other counts in the indictment.. He argues that, instead, the court should have preserved his guilty plea to the Section 371 conspiracy count; given effect to the plea agreement insofar as it required the government to dismiss the charges to which he did not plead; and va cated his 242-month prison sentence (to which he agreed as consideration for the dismissal of the charges) there by limiting him to the five-year maximum sentence au thorized for a Section 371 conspiracy conviction.. In his opening brief in Gibson I, petitioner not only specifically asked the court of appeals to "remand this matter to the district court with directions for the district court to reject the plea agreement.". Not sur prisingly, the court of appeals in Gibson I expressly un derstood petitioner to challenge the validity of both his plea agreement and his guilty plea.. 11) that the decision below conflicts with those courts of appeals that have held that, when a district court rejects a plea agreement, it cannot unilaterally set aside the guilty plea, but must give the defendant the option either of withdrawing the plea or keeping the plea intact.. In that case, the court of appeals rejected the defendant's argument that he was entitled to rescind his plea agreement and to withdraw his guilty plea in light of the parties' mutual mistake of law concerning the application of the Sentencing Guidelines.

Crawford Investment Counsel Inc. increased its stake in Walmart Inc. (NYSE:WMT – Get Rating) by 3.1% in the first quarter, according to the company in its most recent disclosure with the Securities and Exchange Commission. The fund owned 452,183 shares of the retailer’s stock after buying an additional 13,752 shares during the period. Crawford Investment […]

Crawford Investment Counsel Inc. increased its stake in Walmart Inc. ( NYSE:WMT – Get Rating ) by 3.1% in the first quarter, according to the company in its most recent disclosure with the Securities and Exchange Commission.. BMO Capital Markets reduced their price target on shares of Walmart from $170.00 to $165.00 and set an “outperform” rating for the company in a report on Wednesday, May 18th.. Morgan Stanley boosted their price target on shares of Walmart from $145.00 to $150.00 and gave the company an “overweight” rating in a report on Thursday, August 18th.. Citigroup boosted their price target on shares of Walmart from $152.00 to $162.00 and gave the company a “buy” rating in a report on Wednesday, August 17th.. Finally, DA Davidson boosted their price target on shares of Walmart from $148.00 to $163.00 and gave the company a “buy” rating in a report on Wednesday, August 17th.. One investment analyst has rated the stock with a sell rating, seven have given a hold rating, sixteen have given a buy rating and one has given a strong buy rating to the company’s stock.. In other Walmart news, major shareholder Alice L. Walton sold 931,768 shares of Walmart stock in a transaction dated Wednesday, August 17th.. In other Walmart news, major shareholder Alice L. Walton sold 931,768 shares of Walmart stock in a transaction dated Wednesday, August 17th.. Receive News & Ratings for Walmart Daily - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings for Walmart and related companies with MarketBeat.com's FREE daily email newsletter .

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