A Ventura resident has filed a lawsuit against a major retail corporation, alleging negligence after suffering injuries in one of its stores. On July 3, 2024, Elvira Gomez lodged the complaint in the Superior Court of California, County of Ventura, accusing Walmart, Inc. of failing to maintain safe premises.
The case revolves around an incident that occurred on September 6, 2022. According to the complaint, Gomez slipped and fell on a foreign substance or liquid on the floor while shopping at the Walmart store located at 2701 Saviers Road in Oxnard, California. The plaintiff claims that Walmart and unnamed defendants (Does 1 through 100) were negligent in their duty to ensure the safety of their property. "Defendants failed to use reasonable care to keep their property in a reasonably safe condition," states the complaint.
Gomez's legal team from Quirk Law Firm LLP argues that Walmart had a duty of care towards its customers to protect them from unsafe conditions and to discover and rectify any potential hazards. The lawsuit alleges that Walmart breached this duty by not addressing the spill that led to Gomez's fall. "Defendants negligently failed to use reasonable care to protect her from unsafe conditions at Walmart," reads the document.
As a result of this alleged negligence, Gomez asserts she has endured significant physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. Additionally, she claims she has incurred past medical expenses and anticipates future medical costs due to her injuries. The exact amount of these damages will be determined according to proof presented during the trial.
The plaintiff is seeking general damages exceeding the minimum jurisdictional limits of the court for her pain and suffering. She also seeks special damages for her medical expenses and loss of earnings both past and future. Furthermore, Gomez requests compensation for court costs and any other relief deemed appropriate by the court.
Representing Elvira Gomez are attorneys Trevor M. Quirk and Marc D. Anderson from Quirk Law Firm LLP. The case is presided over by judges from Ventura Superior Court under Case No.: 2024CUPP026645.