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FIKES v. WAL-MART STORES, INC.

No. 1:10-CV-278-SA-DS.

813 F.Supp.2d 815 (2011)

Carol FIKES and Dale Fikes, Plaintiffs v. WAL-MART STORES, INC., Claims Management, Inc., and Wal-Mart Stores East, LP, Defendants.

United States District Court, N.D. Mississippi, Eastern Division.

September 26, 2011.

Attorney(s) appearing for the Case

Jason L. Nabors, Richard T. Phillips, Smith, Phillips, Mitchell & Scott, Batesville, MS, William C. Walker, Jr., Oxford, MS, for Plaintiffs.

Kelly D. Simpkins, Thomas M. Louis, Cristina Guerrero, Wells Marble & Hurst, PLLC, Jackson, MS, Shanda M. Yates, Wells, Marble & Hurst, PLLC, Ridgeland, MS, for Defendants.

MEMORANDUM OPINION

SHARION AYCOCK, District Judge.

Before the Court are Motions to Dismiss [31, 33] for failure to state a claim filed by Defendants Wal-Mart Stores, Inc. and Claims Management, Inc. The Court finds as follows:

FACTUAL ALLEGATIONS

On October 12, 2008, Plaintiff Carol Fikes was shopping in Wal-Mart Store No. 391 in Tupelo, Mississippi. Mrs. Fikes slipped on spilled grapes...

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