Smith v. Wal-Mart

Summary

In this retail tort litigation proceeding, plaintiff Michael Smith (Personal Representative of the estate of Micahel Born) alleged Wal-Mart Stores Inc and its hired security service Wachenhut of being negligent in maintaining adequate security in the premises of Wal-Mart stores, due to which Michael Born was murdered in a Wal-Mart parking lot while replacing his car's headlight. The plaintiffs claimed that Wal-Mart knew the store was located in a high-crime area, and that police were repeatedly called to the site.
The plaintiff was represented by attorney Michale Smith. The defendant in this case, Wal-Mart Inc was represented by attorney Robert Philips.

The jury found Wackenhut, but not Walmart, liable and awarded over $1M in damages.

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Outcome

Fault: 0%- Walmart, 100% Wachenhut
Damages:
Estate of Michael Born- 276,000
Peter Born- 250,000
Stefan Born- 250,000
Matthias Born- 250,000

Case Information

Attorneys

Witnesses

Plaintiff: Smith, Michale
Defense: Wal-Mart
Verdict: $1,026,000

Judge: Mark Denton
Jurisdiction: 8th District Court of Nevada
Court: Regional Justice Center

Case Number: 06A522680
Industry: Retail
Practice Area: Tort Law

Plaintiff

Smith, Michale

Represented By:
Tanner, Mont (Tanner, Mont E Law Offices of)

Defense

Wal-Mart

Represented By:
Phillips, Robert (Phillips, Spallas & Angstadt)

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

PM Session

Openings

20 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:40	Opening Statement	Tanner, Mont
00:57:47	General Case Activities	Phillips, Robert
00:58:27	General Case Activities
00:59:08	Break
01:16:25	General Case Activities
01:17:11	Opening Statement	Phillips, Robert
01:51:51	Opening Statement	Delk, Craig
02:05:50	General Case Activities
02:08:13	Witness Direct Examination	Tanner, Mont	Phillips, David	In Person
02:11:50	General Case Activities
02:13:55	Witness Direct Examination	Tanner, Mont	Phillips, David	In Person
02:20:50	General Case Activities
02:22:18	Witness Direct Examination	Tanner, Mont	Phillips, David	In Person
02:28:14	Witness Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
02:40:00	General Case Activities
02:43:10	General Case Activities
02:43:20	Witness Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
02:59:05	General Case Activities
03:00:15	End of Session

AM Session

Not in Session

0 Chapters

JAN

PM Session

Plaintiff Witness(es)

15 Chapters

AM Session

Not in Session

0 Chapters

JAN

PM Session

Plaintiff Witness(es)

11 Chapters

AM Session

Not in Session

0 Chapters

JAN

AM Session

Plaintiff Witness(es)

13 Chapters

PM Session

Plaintiff Witness(es)

26 Chapters

FEB

AM Session

Plaintiff Witness(es)

14 Chapters

PM Session

Plaintiff Witness(es)

20 Chapters

FEB

AM Session

Not in Session

0 Chapters

PM Session

Plaintiff Witness(es)

9 Chapters

FEB

PM Session

Plaintiff Witness(es)

20 Chapters

FEB

AM Session

Not in Session

0 Chapters

PM Session

Not in Session

0 Chapters

FEB

AM Session

Plaintiff Witness(es)

17 Chapters

PM Session

Defense Witness(es)

22 Chapters

FEB

AM Session

Defense Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:31:30	General Case Activities
00:36:10	Witness Direct Examination	Tanner, Mont	Smith, Michael	In Person
00:53:45	Witness Direct Examination	Tanner, Mont	Born, Stefan	In Person
01:27:20	Witness Cross Examination	Phillips, Robert	Born, Stefan	In Person
01:57:21	Witness Cross Examination	Delk, Craig	Born, Stefan	In Person
02:02:02	Witness Re-Direct Examination	Tanner, Mont	Born, Stefan	In Person
02:14:13	Witness Re-Cross Examination	Phillips, Robert	Born, Stefan	In Person
02:22:55	General Case Activities
02:25:20	General Case Activities
02:27:10	General Case Activities
02:28:33	End of Session

PM Session

Plaintiff Witness(es)

16 Chapters

FEB

PM Session

Plaintiff Witness(es)

31 Chapters

	Description	Attorney	Witness	Presence
00:20:24	General Case Activities
00:20:40	Witness Cross Examination	Tanner, Mont	Zajic, Alan	In Person
01:15:33	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
01:17:16	Witness Re-Cross Examination	Tanner, Mont	Zajic, Alan	In Person
01:22:18	General Case Activities
01:24:47	General Case Activities
01:26:54	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
01:31:25	General Case Activities
01:32:06	General Case Activities
01:33:20	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
01:35:27	Witness Re-Cross Examination	Tanner, Mont	Zajic, Alan	In Person
01:41:20	General Case Activities
01:41:58	Witness Re-Cross Examination	Tanner, Mont	Zajic, Alan	In Person
01:42:39	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
01:43:20	General Case Activities
01:44:51	General Case Activities
01:46:35	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
01:47:40	Witness Re-Cross Examination	Tanner, Mont	Zajic, Alan	In Person
01:48:52	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
01:50:40	General Case Activities
01:52:05	Break
01:57:07	General Case Activities
02:02:21	General Case Activities
02:03:10	Witness Direct Examination	Delk, Craig	Bates, Mr. Norman	In Person
02:40:11	Witness Direct Examination	Phillips, Robert	Bates, Mr. Norman	In Person
02:40:36	Witness Cross Examination	Tanner, Mont	Bates, Mr. Norman	In Person
03:42:28	Witness Re-Direct Examination	Phillips, Robert	Bates, Mr. Norman	In Person
03:52:44	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
03:53:18	General Case Activities
03:56:05	General Case Activities
03:57:11	End of Session

AM Session

Not in Session

0 Chapters

FEB

AM Session

Not in Session

0 Chapters

PM Session

Plaintiff Witness(es)

7 Chapters

FEB

AM Session

Not in Session

0 Chapters

PM Session

Not in Session

0 Chapters

FEB

AM Session

Closings

14 Chapters

PM Session

Verdict

5 Chapters

FEB

Recording Disclaimer: This proceeding was recorded in full.

Smith v. Wal-Mart

Summary

Outcome

Sessions

Suggest a Trial

CVN Essentials

Video Library

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:14	Witness Direct Examination	Tanner, Mont	Born, Matthias	In Person
00:39:51	Witness Cross Examination	Phillips, Robert	Born, Matthias	In Person
01:01:54	Witness Re-Direct Examination	Tanner, Mont	Born, Matthias	In Person
01:05:07	General Case Activities
01:05:39	Break
01:22:24	General Case Activities
01:23:29	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
01:42:11	General Case Activities
01:42:48	Break
02:02:42	General Case Activities
02:02:58	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
03:13:04	General Case Activities
03:13:53	General Case Activities
03:15:00	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:57	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
00:28:34	General Case Activities
00:31:03	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
01:43:11	General Case Activities
01:43:49	Break
01:58:00	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
02:24:55	General Case Activities
02:27:52	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
03:03:44	General Case Activities
03:04:26	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:25	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
00:42:15	General Case Activities
00:44:19	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
01:33:12	General Case Activities
01:34:02	Break
01:49:00	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
02:39:19	General Case Activities
02:40:38	Witness Direct Examination	Tanner, Mont	Mawry, Bill	In Person
02:40:59	Witness Cross Examination	Phillips, Robert	Mawry, Bill	In Person
02:46:51	Witness Cross Examination	Delk, Craig	Mawry, Bill	In Person
02:47:35	Witness Re-Direct Examination	Tanner, Mont	Mawry, Bill	In Person
02:55:29	General Case Activities

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:36	Witness Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
00:07:47	General Case Activities
00:10:13	General Case Activities
00:10:33	Break
00:20:32	General Case Activities
00:20:52	Witness Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
00:40:58	General Case Activities
00:47:34	Witness Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
00:56:13	General Case Activities
00:58:16	Witness Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
01:02:48	Witness Cross Examination	Phillips, Robert	Sanborn, Tate	In Person
01:40:03	Witness Cross Examination	Delk, Craig	Sanborn, Tate	In Person
01:43:15	Witness Re-Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
02:04:49	General Case Activities
02:05:28	General Case Activities
02:06:03	Break
02:20:18	Witness Re-Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
02:22:40	Witness Re-Cross Examination	Phillips, Robert	Sanborn, Tate	In Person
02:28:09	Witness Re-Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
02:30:09	Witness Re-Cross Examination	Phillips, Robert	Sanborn, Tate	In Person
02:31:05	Witness Re-Cross Examination	Delk, Craig	Sanborn, Tate	In Person
02:32:29	Witness Re-Direct Examination	Tanner, Mont	Sanborn, Tate	In Person
02:35:56	Witness Direct Examination	Tanner, Mont	Harper, Thomas	In Person
03:23:09	General Case Activities
03:24:03	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:28	Witness Direct Examination	Tanner, Mont	Deguzman, Warren	In Person
01:09:45	Witness Cross Examination	Phillips, Robert	Deguzman, Warren	In Person
01:22:22	Witness Re-Direct Examination	Tanner, Mont	Deguzman, Warren	In Person
01:29:51	Witness Re-Cross Examination	Delk, Craig	Deguzman, Warren	In Person
01:31:15	Witness Re-Cross Examination	Phillips, Robert	Deguzman, Warren	In Person
01:32:17	General Case Activities
01:32:57	Break
01:51:27	General Case Activities
01:52:00	Witness Direct Examination	Tanner, Mont	Harper, Thomas	In Person
02:13:22	General Case Activities
02:16:57	Witness Direct Examination	Tanner, Mont	Harper, Thomas	In Person
02:53:49	General Case Activities
02:54:29	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:21	Witness Direct Examination	Tanner, Mont	Harper, Thomas	In Person
00:42:43	General Case Activities
00:45:48	Witness Direct Examination	Tanner, Mont	Harper, Thomas	In Person
01:05:28	General Case Activities
01:10:03	Witness Direct Examination	Tanner, Mont	Harper, Thomas	In Person
01:13:58	Witness Cross Examination	Delk, Craig	Harper, Thomas	In Person
01:29:07	Witness Re-Direct Examination	Tanner, Mont	Harper, Thomas	In Person
01:48:08	General Case Activities
01:51:23	General Case Activities
01:52:08	Break
02:09:36	General Case Activities
02:10:43	Witness Direct Examination	Tanner, Mont	Nichter, David	In Person
02:36:15	General Case Activities
02:37:38	Witness Cross Examination	Phillips, Robert	Nichter, David	In Person
02:57:25	Witness Re-Direct Examination	Tanner, Mont	Nichter, David	In Person
03:17:23	Witness Re-Cross Examination	Phillips, Robert	Nichter, David	In Person
03:20:09	General Case Activities
03:21:56	General Case Activities
03:23:23	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:03:31	Witness Re-Direct Examination	Tanner, Mont	Nichter, David	In Person
01:15:50	General Case Activities
01:16:24	Break
01:29:01	General Case Activities
01:29:13	General Case Activities
01:30:00	Witness Re-Direct Examination	Tanner, Mont	Nichter, David	In Person
02:36:43	General Case Activities
02:37:36	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:35	General Case Activities
00:04:43	Witness Direct Examination	Tanner, Mont	Born, Peter	In Person
00:37:35	Witness Cross Examination	Phillips, Robert	Born, Peter	In Person
00:53:43	Witness Cross Examination	Delk, Craig	Born, Peter	In Person
00:56:05	Witness Re-Direct Examination	Tanner, Mont	Born, Peter	In Person
00:57:45	General Case Activities
01:01:48	Witness Re-Cross Examination	Phillips, Robert	Born, Peter	In Person
01:03:35	Witness Direct Examination	Tanner, Mont	Taylor, Susan	In Person
01:50:45	General Case Activities
01:51:19	Break
02:08:09	General Case Activities
02:08:22	Witness Cross Examination	Phillips, Robert	Taylor, Susan	In Person
02:51:04	Witness Re-Direct Examination	Tanner, Mont	Taylor, Susan	In Person
02:57:28	Witness Re-Cross Examination	Phillips, Robert	Taylor, Susan	In Person
03:00:35	Witness Re-Direct Examination	Tanner, Mont	Taylor, Susan	In Person
03:03:20	Witness Re-Cross Examination	Phillips, Robert	Taylor, Susan	In Person
03:04:04	General Case Activities
03:05:19	General Case Activities
03:07:09	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:35	Witness Direct Examination	Tanner, Mont	Nichter, David	In Person
00:05:07	General Case Activities
00:06:14	Witness Direct Examination	Tanner, Mont	Nichter, David	In Person
00:28:15	General Case Activities
00:29:15	Witness Direct Examination	Tanner, Mont	Nichter, David	In Person
00:42:45	General Case Activities
00:44:17	Witness Direct Examination	Tanner, Mont	Nichter, David	In Person
01:00:47	General Case Activities
01:01:29	General Case Activities
01:02:02	Break
01:14:52	General Case Activities
01:15:02	Witness Direct Examination	Tanner, Mont	Nichter, David	In Person
01:27:59	Witness Cross Examination	Phillips, Robert	Nichter, David	In Person
02:00:20	General Case Activities
02:01:02	General Case Activities
02:01:47	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:02:57	General Case Activities	Phillips, Robert
00:03:09	Witness Cross Examination	Phillips, Robert	Nichter, David	In Person
00:16:17	Witness Re-Direct Examination	Tanner, Mont	Nichter, David	In Person
01:00:15	Witness Re-Cross Examination	Phillips, Robert	Nichter, David	In Person
01:20:58	Witness Re-Cross Examination	Delk, Craig	Nichter, David	In Person
01:25:24	Witness Re-Direct Examination	Tanner, Mont	Nichter, David	In Person
01:51:06	Witness Re-Cross Examination	Phillips, Robert	Nichter, David	In Person
02:09:12	General Case Activities
02:09:37	Witness Re-Direct Examination	Tanner, Mont	Nichter, David	In Person
02:15:01	Witness Re-Cross Examination	Phillips, Robert	Nichter, David	In Person
02:16:05	General Case Activities
02:17:00	Break
02:39:20	General Case Activities
02:40:20	Witness Direct Examination	Tanner, Mont	Smith, Michael	In Person
02:46:05	Witness Cross Examination	Phillips, Robert	Smith, Michael	In Person
03:10:44	Witness Cross Examination	Delk, Craig	Smith, Michael	In Person
03:12:59	Witness Re-Direct Examination	Tanner, Mont	Smith, Michael	In Person
03:14:37	Witness Re-Cross Examination	Phillips, Robert	Smith, Michael	In Person
03:18:25	General Case Activities
03:19:33	General Case Activities
03:20:45	End of Session

	Description	Attorney	Witness	Presence
00:02:03	Witness Direct Examination	Phillips, Robert	Zajic, Alan	In Person
00:13:30	Witness Cross Examination	Tanner, Mont	Zajic, Alan	In Person
00:21:38	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
00:56:25	General Case Activities
00:57:46	Witness Re-Direct Examination	Phillips, Robert	Zajic, Alan	In Person
02:03:46	General Case Activities
02:04:25	Break
02:17:49	General Case Activities
02:18:13	Witness Cross Examination	Tanner, Mont	Zajic, Alan	In Person
03:19:43	General Case Activities
03:20:34	Witness Cross Examination	Tanner, Mont	Zajic, Alan	In Person
03:22:07	General Case Activities
03:22:48	General Case Activities
03:23:40	General Case Activities
03:25:08	General Case Activities
03:27:45	End of Session

			Description	Attorney	Witness	Presence
		00:14:07	General Case Activities
		00:14:15	General Case Activities
		00:17:10	General Case Activities
		00:18:48	General Case Activities
		00:20:00	General Case Activities
		00:45:10	General Case Activities
		00:46:15	End of Session

	Description	Attorney
00:10:36	General Case Activities
00:11:53	Closing Statement	Tanner, Mont
01:12:00	General Case Activities
01:12:31	Break
01:22:20	General Case Activities
01:25:07	Closing Statement	Phillips, Robert
02:23:41	Closing Statement	Delk, Craig
02:57:03	General Case Activities
02:57:52	Break
03:11:20	General Case Activities
03:11:36	Closing Statement	Tanner, Mont
03:56:25	General Case Activities
03:57:51	General Case Activities
03:58:46	End of Session

			Description	Attorney	Witness	Presence
		00:00:37	General Case Activities
		00:01:26	Reading of the Verdict
		00:04:01	General Case Activities
		00:04:46	General Case Activities
		00:07:40	End of Session