Plaintiff sued Walmart for a slip and fall on a wet floor surface, claiming severe injuries, including back surgery. The demand was in the millions. The case was litigated in State Court for over a year, and just before trial, plaintiff brought in our client that had supplied Walmart with the substance it used for cleaning floors. Plaintiff’s theory was that the cleaning made the floors more slippery. Plaintiff also brought in the tile manufacturer. When our client was brought in, it created diversity. We immediately moved for removal to USDC, which plaintiff fought against. We ultimately won after a bitterly fought motion to remand back to State Court. We then went through Federal Rule procedures and started discovery. Shortly after our client’s written discovery was served on plaintiff, plaintiff’s counsel contacted us and explained that he thought his client would best be served by dismissing all defendants except for Walmart. A stipulation was entered into, dismissing all defendants except for Walmart for a waiver of costs. All defendants also agreed that no cross-complaints would be filed.
August 2020