Delcarmen Gonzalez v. Walmart, Inc. ( 2024 )

1 || JOHN B. GREENE, ESQ. Nevada Bar No. 004279 2 || ROBERT D. VANNAH, ESQ. 3 Nevada Bar No. 002503 GOLIGHTLY & VANNAH, PLLC 4 || 5555 Kietzke Lane, Suite 150 Reno, Nevada 89511 5 || Telephone (775) 222-3333 ‘ Attorneys for Plaintiff ; THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 MARIA DELCARMEN GONZALEZ, CASE NO.: 2:24-cv-00184-JAD-BNW 10 Plaintiff, 38 19 a8 16 BE 7 Plaintiff MARIA DELCARMEN GONZALEZ, through her attorneys of record, ROBERT oO a3 18 VANNAH, ESQ., and JOHN B. GREENE, ESQ., of GOLIGHTLY & VANNAH, PLLC, 19 || Defendant WAL-MART, INC., through their attorneys of record, KURT R. BONDS, ESQ., of HA 20 || & EVANS, LLC, hereby stipulate that Plaintiff may prepare and file an Amended Complaint 21 1 removes any language limiting the amount of Plaintiff's damages. 22 Mt 23 Mf 24 95 Mit 96 || 27 fH 28 // 1 A copy of the Proposed Amended Complaint is attached to this Stipulation and Order. 2 DATED this / day of February, 2024. 3 4 GOLIGHTLY & VANNAH, PLLC HALL & EVANS, LLC 5 [7 U nem 7 Oy B. GREENE, ESQ. KURT R. BONDS, ESQ/ 8 9 10 ORDER IT IS SO ORDERED. Se 12 af Be DATED this _7TH_ day of _ February , 2024. ae 14 15 □ ga BRENDA WEKSLER a5 16 UNITED STATES MAGISTRATE JUDGE OS A ve 17 BS SUBMITTED BY: GOLIGHTLY & VANNAH, PLLC 20 21 HN B. GREENE, ESQ. 23 24 25 26 27 28 Exhibit 1 Exhibit 1 1 || JOHN B. GREENE, ESQ. Nevada Bar No. 004279 2 || ROBERT D. VANNAH, ESQ. 3 Nevada Bar No. 002503 GOLIGHTLY & VANNAH, PLLC 4 || 5555 Kietzke Lane, Suite 150 Reno, Nevada 89511 5 || Telephone (775) 222-3333 6 Attorneys for Plaintiff 7 THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 MARIA DELCARMEN GONZALEZ, CASENO.: 2:24-cv-00184-JAD-BNW 10 Plaintiff, vs. 12 | (PROPOSED) AMENDED COMPLAIN WAL-MART, INC., a Delaware Corporation; | 13 DOES I through X, inclusive, and ROE | EE CORPORATIONS I through X, inclusive, i 14 ga 5 Defendants. — 16 Be Plaintiff MARIA DELCARMEN GONZALEZ (PLAINTIFF), by and through her undersign ve O 18 counsel, ROBERT D. VANNAH, ESQ., and JOHN B. GREENE, ESQ., of GOLIGHTLY 19 || VANNAH, PLLC, and for her causes of action against Defendant, complains alleges as follows: 20 I, 21 IDENTIFICATION OF THE PARTIES AND JURISDICTION 22 1. That at all times relevant to this action, PLAINTIFF was, and now is, a resident 23 Washoe County, Nevada. At the time of the filing of this Complaint, PLAINTIFF seeks in excess 24 15,000.00. 25 8 6 2. That upon information and belief, and at all times relevant to this action, Defendz 27 || WAL-MART, INC. (DEFENDANT), was, and now is, a foreign corporation or entity licensed a 28 || doing business throughout Nevada, including Washoe County. 1 3. That the true names and capacities, whether individual, corporate, associate, | 2 || otherwise, of Defendants Does I through V and Roe Corporations VI through X are unknown 3 PLAINTIFF, who therefore sues said Defendants by such fictitious names. PLAINTIFF is informs and believes and therefore alleges that each of the Defendants designated as a Doe and/or a Roe ow anon-delegable duty to PLAINTIFF and is negligently responsible in some manner for the events a1 7 happenings referred to in this matter and negligently caused injury and damages proximately therel g || to PLAINTIFF. The Doe and Roe Defendants may have been responsible for the design, constructio 9 || maintenance, care, upkeep, and inspection of the floors at the PREMISES, and for the training 10 employees, which will be more particularly described in this Amended Complaint, and which located at 5260 W. Seventh Street, Reno, Nevada 89523. PLAINTIFF will ask leave of this Court ie further amend this Amended Complaint to insert the true names and capacities of these Defendar 4 when the true names have been ascertained by PLAINTIFF, together with charging allegations, a1 83 15 || to join such Defendants in this action. 16 IL. 17 GENERAL ALLEGATIONS "e 18 4. Upon information and belief, DEFENDANT owned, occupied, operated, controlle 9 managed, and is therefore responsible in all aspects of certain real property located at 5260 W. 7 Street, Reno, Nevada 89523, that DEFENDANT labeled as store number 3254 and utilized as a pla 2 of business (the PREMISES). 23 5. On or about December 31, 2022, PLAINTIFF entered the PREMISES to shop. 24 6. As PLAINTIFF was exiting the pharmacy department at the PREMISES to obtair 25 || shopping cart, and while exercising reasonable care for her own well being, she abruptly and withc 26 warning slipped due to the presence of water on the floor (the CONDITION), causing PLAINTIFF slip, lose her balance, and then fall to the floor. After PLAINTIFF’S slip and fall, she noticed a pudc of water on the floor that was the approximate size of a chair cushion. 1 7. The CONDITION, which was either caused by DEFENDANT, and/or whi 2 || DEFENDANT had actual and/or constructive notice of prior to PLAINTIFFF’S slip and fall, was 3 dangerous condition that should have been either been prevented from happening, trained to preve from happening, remedied, and/or adequately warned of prior to PLAINTIFF’S incident. 8. The CONDITION was in the exclusive control of DEFENDANT; was a CONDITIO 7 that does not ordinarily occur in the absence of negligence on the part of DEFENDANT; and, whi g || occurred without any measure of negligence on the part of PLAINTIFF. 9 9. DEFENDANT owed a non-delegable duty to PLAINTIFF to offer and to maintain t 10 | PREMISES free of the dangerous CONDITION. DEFENDANT also owed a non-delegable duty pLAINTIFF to prevent the CONDITION from occurring. DEFENDANT negligently breached t non-delegable duties it owed to PLAINTIFF by causing the CONDITION to PLAINTIFF, y 14 negligently failed to take any reasonable measure to either prevent, train to prevent, to remedy, or $3 15 || warn PLAINTIFF of the dangerous CONDITION prior to her incident. 16 10. As a direct and proximate result of the negligent conduct of DEFENDAN 17 || PLAINTIFF slipped and fell due to the CONDITION, causing her to suffer serious and permane "2 18 injuries. 9 11. As a direct and proximate result of the negligent conduct of DEFENDAN PLAINTIFF was required to seek and obtain medical care and to undergo medical treatment a 2 hospitalization, all to her damage in a sum in excess of $15,000.00. 73 12. As a direct and proximate result of the negligent conduct of DEFENDAN 24 || PLAINTIFF will in the future be required to expend sums for medical care and treatment for | 25 || injuries, all to her damage in a sum in excess of $15,000.00. 26 13. As a direct and proximate result of the negligent conduct of DEFENDAN 7 PLAINTIFF has suffered great physical and mental pain and anxiety, and will continue to do so int future, all to her damage in a sum in excess of $15,000.00. 1 14. As a direct and proximate result of the negligent conduct of DEFENDAN’ 2 || PLAINTIFF has incurred incidental expenses, and will continue to do so in the future, all to h 3 damage in a sum in excess of $15,000.00. ‘ 15. | PLAINTIFF has been required to obtain the services of an attorney to prosecute th action and is therefore entitled to recover attorney’s fees and cost of suit. 7 WHEREFORE, at the time of the filing of her Amended Complaint, PLAINTIFF prays for tl g || following relief against DEFENDANT, and Doe and Roe Defendants, as follows: 9 a. For a sum in excess of $15,000.00 for past medical treatment; 10 b. For a sum in excess of $15,000.00 for future medical treatment; c. For a sum in excess of $15,000.00 for past, present and future pain, suffering, anxie and loss of enjoyment of life; 14 d. For a sum in excess of $15,000.00 for future loss of income and loss of earni ie 15 capacity; ae 16 e. For a sum in excess of $15,000.00 for past and future incidental expenses; 23 17 f. For an award of reasonable attorney’s fees and costs of suit; and, ne 18 g. For any further relief as the Court deems to be just and proper. '9 DATED this 7" day of February, 2024. 20 21 GOLIGHTLY & VANNAH, PLLC 22 /s/ John B. Greene 8 □□□□□□□□□□□□□□□□□□□□□□□□□ 24 25 26 27 28