Belvin v. Wal-Mart Stores East LP

Plaintiff Brittany Belvin, representing herself pro se, filed a lawsuit against Wal-Mart Stores East LP in the United States District Court for the Middle District of Florida. The case centered on an incident that occurred on December 11, 2021, at a Walmart store in Fort Myers, Florida. Belvin alleged she sustained injuries to her right knee when a shopping cart pushed by another customer struck her. She claimed Wal-Mart was negligent in failing to maintain a safe premises and failing to control the actions of the third-party customer. Wal-Mart moved for summary judgment, arguing it had no duty to protect Belvin from the unforeseeable actions of another patron. The court, under Judge John L. Badalamenti, issued its opinion on September 20, 2024, granting Wal-Mart's motion for summary judgment and entering final judgment in favor of the defendant.

The court granted defendant Wal-Mart Stores East LP's motion for summary judgment. Final judgment was entered in favor of Wal-Mart, and the case was closed.

The central dispute was whether Wal-Mart Stores East LP owed a legal duty to protect plaintiff Brittany Belvin from the unforeseen and nearly instantaneous act of a third-party customer pushing a shopping cart into her, and whether the store had constructive knowledge of a dangerous condition.