Walmart has apparently blamed the death of a nine-year-old boy, who died years after hitting his head on a metal cart, on the deceased child.
Tamika Springer sued the retail giant for creating a “dangerous and unsafe condition” at their Fort Lauderdale store after her son, Saiy’yah Allen-Bey, then 7, walked into a metal stock cart and hit his head on hit a walkway. .
Springerfrom Miami Gardens, Florida, claimed that her son died in May 2023 after suffering severe head injuries and seizures for two and a half years as a result of the accident.
But the company said the child caused his own injuries by being “inattentive” and not paying attention to where he was going during day five of the civil trial on Tuesday.
“Walmart is not liable for the incident because the stock cart was so open and obvious that SA could reasonably have been expected to discover it and protect itself (by simply walking around it),” their legal notice wrote team in one request for summary judgment.
‘SA was unable to use his senses and walked while looking back, thus failing to observe the open, obvious and innocuous supply vehicle.’
Springer initially filed a complaint in 2022 – seeking more than $30,000 in damages for the store’s alleged negligence, which she claims caused her baby boy to suffer extreme pain, mental anguish and loss of the ability to enjoy life.
The lawsuit alleged that Allen-Bey — who was later diagnosed with epilepsy — fell to the floor after hitting his head and suffered his first seizure while still in the store.
Walmart has apparently laid the blame for the death of a nine-year-old boy, Saiy’yah Allen-Bey (pictured), who died years after hitting the deceased child with his head on a metal cart.
“Walmart is not liable for the incident because the stock cart was so open and obvious that SA could reasonably have been expected to discover it and protect itself (by simply walking around it),” the legal wrote team from Walmart in a motion for summary judgment.
The court heard testimony during the trial Tuesday from the boy’s 13-year-old sister, Miharah Allen, and attorneys for Walmart.
Allen, who was present when it happened, told the court about the attacks her brother suffered in the years after the accident.
“He shook a lot and looked in another direction, and then he shook and made noise as well,” Allen said.
“Every time he ate, he would throw up, throw up the food or use the bathroom on himself,” she added.
But her testimony came just as Walmart’s attorney was questioning whether or not the accident was the reason for his diagnosis and eventual death three years later.
The motion filed by the company in June of this year noted that a stock cart is not so inherently dangerous as to not constitute a hazardous condition.
They also mentioned how an angle of the store’s surveillance footage depicted the boy running out of frame and down the aisle seconds before the accident occurred – despite the accident itself not being visible.
Their filing also noted how Allen previously testified and told her brother to pay attention to the cart while he looked back, but it was too late.
The court heard testimony during the trial on Tuesday from the boy’s 13-year-old sister, Miharah Allen (pictured), and Walmart lawyers.
Pictured: Allen-Bey’s family, who are left devastated by his loss
Walmart’s filing noted how Allen previously testified and told her brother to pay attention to the cart while he looked back, but it was too late.
‘Here SA was unfortunately inattentive and failed to walk around the handles of a supply cart which were observed by his sister, who was not walking with her head turned.’
Despite the blame being placed on the dead child, the request for summary judgment was ultimately rejected by the court. Newsweek reported.
In addition to maintaining their innocence, Walmart also plans to dispute the claim that the injury led to his death in 2020.
Allen-Bey was described in his book as a “king who deserved the world, but was not ready for it” obituary.
He was also painted as a young boy with extraordinary talent in art.
“He often made origami birds and drawings for our friends and even for random people he came into contact with,” the obituary said.
‘His eyes and smile lit up the entire universe! He did everything with the utmost pride and precision. We all told him how brilliant and genius he is and that his talents will only continue to grow.”