Cheryl Thompson v. Walmart Inc.

FILED

NOT FOR PUBLICATION

JUL 18 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHERYL THOMPSON, No. 21-15449

Plaintiff-Appellant, D.C. No. 2:19-cv-00323-JCM-BNW v.

WALMART INC., DBA Walmart #2050, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted May 18, 2022 Pasadena, California

Before: KLEINFELD, MILLER, and COLLINS, Circuit Judges.

Thompson tripped over a left-of-center wheel stop at the front of a

handicapped parking space in a Wal-Mart parking lot and suffered serious injuries.

She sued Wal-Mart for negligence in Nevada state court and Wal-Mart removed

the case to federal court. The district court granted summary judgment to Wal-

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Mart on the ground that Wal-Mart owed Thompson no duty regarding the wheel

stop.1 The district court had jurisdiction pursuant to 28 U.S.C. § 1332 and…