08/28/2026
Legal Insight of the Week
Juror Irregularity
In Velie v. Walmart Stores East, LP, the plaintiff was shopping at Walmart when she was struck by a pallet jack operated by a Walmart employee. Following a five-day trial, the jury found Walmart 100% liable and awarded the plaintiff $6,786,517.61 in damages.
The trial court later granted Walmart a new trial based on alleged juror irregularities, including a juror becoming visibly ill while viewing a medical demonstrative, jurors discussing evidence before deliberations, and confusion regarding the court’s instructions.
The Fourth District Court of Appeal reversed and reinstated the jury’s verdict, finding that the alleged irregularities did not result in prejudice or a miscarriage of justice sufficient to warrant a new trial.
Takeaway: Juror irregularities do not automatically justify setting aside a verdict. A new trial requires a showing that the conduct resulted in prejudice or a miscarriage of justice. The case also reinforces that retailers may be held responsible for injuries to customers caused by store employees and equipment while customers are lawfully on the premises.
We will continue sharing weekly case insights from attorney Lauren Lindahl Lytal at Lytal, Reiter, Smith, Ivey & Fronrath to help keep both the public and legal community informed. ⚖️
