Saiy-Yah Allen from Royal Funeral Service, Inc.
The family of a 9-year-old boy who tragically passed away years after sustaining a head injury from a metal cart at Walmart has been awarded $2.7 million by a Florida jury. However, the final amount was significantly reduced as jurors determined that the responsibility for the circumstances leading to the boy’s death was only partially attributed to the megastore.
A heartbreaking incident unfolded when Saiy-Yah Allen, a 9-year-old, lost her life after bravely fighting against traumatic brain injuries and post-traumatic seizures. These devastating injuries were a direct consequence of the harm she suffered at a Walmart store in Ft. Lauderdale on November 25, 2020.
After Saiy-Yah’s tragic passing, his family took legal action against Walmart, claiming that the retail giant’s failure to maintain a safe environment and abide by its own safety protocols directly caused the untimely demise of their young son. According to court records, the 7-year-old boy accidentally collided with a protruding metal stock cart handle while walking down an aisle, resulting in him hitting his head on the handle and then the floor.
The jury granted a total of $9 million to Saiy-Yah’s estate. However, it was determined that Walmart was only 30% responsible for the injuries suffered by the boy, resulting in an award of $2.7 million.
According to a representative from Leeder Law, the legal firm that represented the family, it was determined that both of Saiy-Yah’s parents were also deemed 30% responsible for his injuries. Additionally, his estate was found to be 10% at fault.
“This verdict brings both joy and sadness. While we cannot bring back the precious life of Saiy-Yah, a cherished child and talented artist, this decision validates the immense worth of his existence,” expressed attorney Thomas H. Leeder in a heartfelt statement. “Saiy-Yah had a deep passion for drawing and creating art, and this outcome emphasizes the immeasurable value of his life. Walmart’s negligence robbed a promising young artist of a future filled with incredible potential. Our hope is that this verdict serves as a powerful reminder to corporations worldwide: prioritize safety and abide by your own safety protocols, or face the consequences.”
During the trial, Saiy-Yah’s sister provided testimony regarding her brother’s seizures in the years following the incident.
Miharah Allen shared that her dog exhibited noticeable signs of distress. “He would shake uncontrollably and avoid making eye contact. Additionally, he would shake and vocalize his discomfort,” Allen explained. She also mentioned that her dog experienced digestive issues, often vomiting after meals or having accidents.
According to court documents, the company claims that the boy was not paying attention and failed to use his senses when he walked into the cart.
According to the defendant’s motion for summary judgment, Walmart claims that they cannot be held responsible for the incident involving [Saiy-Yah]. They argue that the stock cart was clearly visible and should have been easily noticed and avoided by [Saiy-Yah]. They further state that a stock cart is not inherently dangerous, and therefore, it cannot be considered a dangerous condition that would result in liability for failing to maintain a safe premises. The motion emphasizes that [Saiy-Yah] was inattentive and failed to walk around the handles of the stock cart, which were observed by his sister, who was walking without any issues. It is stated that [Saiy-Yah] was not using his senses and was looking backward while walking, thus failing to notice the open, obvious, and harmless stock cart.
Walmart responded to the verdict by issuing a statement to Law&Crime.
“We deeply sympathize with any family who has experienced a loss. The jury determined that Walmart was not primarily at fault in this case. According to current Florida law, Walmart would not be obligated to pay any financial damages as a result of the verdict. We are currently awaiting a decision on a directed verdict and exploring all possible post-trial options.”
According to the Walmart spokesperson, it seems like they are talking about the recent changes in Florida’s system of comparative fault. The state passed a law last year that prevents plaintiffs in negligence lawsuits from receiving damages if they are determined to be more than 50% responsible for their own injuries.
According to a spokesperson from Leeder Law, it was clarified that Saiy-Yah’s estate was only found to be 10% at fault. It was also stated that the new statute did not apply to this particular case because the lawsuit had been filed before the tort reform occurred.