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Walmart blames ‘inattentive’ 9-year-old for walking into metal cart, leading to his death years later, lawsuit says

elisa garcia by elisa garcia
December 13, 2024
in News
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'Failed to use his senses'; Walmart blames 'inattentive' 9-year-old for walking into metal cart, leading to his death years later, lawsuit says
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A Florida mother is suing Walmart over the death of her 9-year-old son, who passed away years after sustaining a head injury from hitting a metal cart at a store. Tamika Springer is seeking over $30,000 in damages for the death of her son, Saiy-Yah Allen, as outlined in the lawsuit.

In court testimony on Tuesday, Saiy-Yah’s sister shared details about the seizures he experienced in the years following the incident. On Nov. 25, 2020, the 7-year-old boy collided with a metal stock cart in a walkway at a Walmart in Fort Lauderdale.

“He would shake a lot, look in different directions, and make noises,” Miharah Allen explained. “Every time he ate, he would vomit or have accidents.”

Walmart’s attorneys raised questions during the trial about whether the injury led to Saiy-Yah’s seizures and eventual death on May 7, 2023, according to NBC affiliate WTVJ.

Walmart did not immediately respond to a request for comment. However, court documents from the company argue that the cart was placed in an open and obvious location, making it S.A.’s responsibility to avoid it. Walmart claims that the cart was not inherently dangerous and that S.A.’s failure to notice it was due to his own inattention.

According to Walmart’s motion for summary judgment: “The stock cart was so open and obvious that S.A. should have reasonably expected to discover it and avoid it. Unfortunately, S.A. was inattentive and failed to walk around the cart, as observed by his sister.”

Saiy-Yah’s obituary described him as a talented artist who loved drawing, painting, and making origami. “He often made origami birds and drawings for our friends and even random people he met. His eyes and smile lit up the entire world!” it read. “He did everything with the utmost pride and precision, and we always told him how brilliant and talented he was.”

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