Rachel Velie vs. Walmart Stores East, Lp
Case Background
On November 11, 2022, Plaintiff Rachel Velie filed a premises liability lawsuit in the Florida State, Circuit Court of Okeechobee County (Case number: 472022CA000205). Magistrate Judge Shaniek Mills Maynard presided over this case.
Cause
On November 28, 2019, Rachel Velie visited the Okeechobee Walmart, located at 2101 S Parrott Ave, Okeechobee, Florida, as a business invitee. While shopping with her family, a Walmart employee operating a pallet jack struck Ms. Velie’s lower extremities. The sudden collision caused her to fall backward, hit the floor, and lose consciousness. This accident occurred due to the negligence of both the employee and Walmart’s failure to maintain a safe environment for customers.
Injuries
The pallet jack injury caused severe bodily harm to Ms. Velie, including pain, suffering, physical impairment, and disfigurement. She endured mental anguish and a significant loss of enjoyment in her daily life. Her injuries required hospitalization, medical treatments, and ongoing chiropractic and nursing care. The accident also resulted in disability, loss of earnings, and reduced earning capacity, all of which are expected to continue affecting her in the future.
Damages
Rachel Velie suffered extensive damages—both economic and non-economic—due to the pallet jack injury at Walmart. Economic damages included medical expenses, hospitalization costs, lost income, and diminished earning capacity. Non-economic damages involved pain, suffering, mental distress, inconvenience, and loss of enjoyment of life. These damages, both permanent and ongoing, have drastically impacted her quality of life.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Rachel Velie
- Counsel for Plaintiff: Neil P. Anthony | Brooke Grogan
- Defendant(s): Walmart Stores East LP, a foreign limited Partnership
- Counsel for Defendants: Andrea Caro | Madeline Chmelir
Claims
Velie filed a lawsuit against Walmart Stores East, LP. She alleged negligence on Walmart’s part for failing to maintain a safe premises and adequately training its employees. She also claimed vicarious liability for the actions of its employee. Ms. Velie sought compensatory damages for her physical injuries, emotional suffering, and financial losses.
Defense
Walmart Stores East, LP, denied liability for Rachel Velie’s injuries. They argued that the allegations lacked sufficient factual support and claimed they had not breached any duty of care owed to Ms. Velie. Walmart contended that her injuries might have been caused by pre-existing medical conditions, her own negligence, or actions by third parties. Additionally, Walmart challenged the validity of her claimed damages, arguing that they were speculative and improperly calculated. The defense invoked comparative fault, assumption of risk, and failure to mitigate damages, while reserving the right to modify their position based on new evidence uncovered during the case.
Jury Verdict
On January 10, 2025, The jury ruled in favor of Rachel Velie, finding Walmart negligent and determining that their actions were the direct cause of her injuries. They concluded that Velie bore no responsibility for the incident, assigning 100% of the fault to Walmart. The jury awarded Ms. Velie $6,486,717.61 in damages in a premises liability lawsuit, which included:
- $591,693.61 for past medical expenses,
- $1,594,824.00 for future medical expenses,
- $1,600,000.00 for past pain, suffering, disability, disfigurement, and loss of enjoyment of life, and
- $3,000,000.00 for future pain, suffering, and related damages.
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
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