Walgreens Co. v. Maria Victoria Chaux
Walgreens appealed a $5.5 million jury verdict in a slip-and-fall case where plaintiff Chaux suffered a brain injury at a checkout lane. The Third DCA reversed on two independent grounds: (1) the trial court imposed a burden-shifting spoliation sanction after both parties rested, contradicting its pre-trial announcement that only an adverse inference instruction would be given — a due process violation; and (2) the trial court abused its discretion by excluding Walgreens' expert Dr. Goldstein under Daubert when his causation opinion was based on a reliable review of medical records.
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