NEW ORLEANS – Walmart wants a Louisiana woman’s claims against it for injuries she allegedly sustained after being “violently struck” by a store cart pusher heard in a federal court.
Defendant Walmart Inc. filed its removal notice April 20 in U.S. District Court for the Eastern District of Louisiana. The retail giant wants the lawsuit filed against it by plaintiff Phuong Ha Dao in February moved from the 24th Judicial District Court for the Parish of Jefferson.
According to Dao’s Feb. 4 petition for damages, she was exiting the parking lot of the Marrero, Louisiana, Walmart on March 25, 2025 when her vehicle was “violently struck” by a cart pusher owned by Walmart and operated by an employee.
Attorneys for Dao, in an April 7 letter to Walmart’s counsel, pointed to video footage and damage to Dao’s car.
“It is clear that the Walmart employee failed to maintain a proper lookout,” the letter states. “As a result of your employee’s negligence, Ms. Dao suffered serious injuries to her neck, low back, right shoulder, and arms.”
While Dao’s petition is “silent” as to the amount in controversy, Walmart argues medical records and bills, along with a settlement demand of $500,000, make it clear that the amount exceeds $75,000.
In federal court, the “amount in controversy” refers to the monetary value of a plaintiff’s claim. This must exceed $75,000, exclusive of interest and costs, for diversity jurisdiction.
“According to the medical bills provided by Plaintiff’s counsel, to date, Plaintiff has incurred at least $12,565.00 in past medical specials. This total does not include any medical bills for the recommended cervical ESI, lumbar MBBs and RFAs, nor the repeat PRP injections in Plaintiff’s right shoulder,” Walmart’s notice states.
Dao alleges she has suffered “severe and disabling” injuries as a result of the accident. They include lumbar and cervical spine pain, disc herniations, disc bulges, a SLAP tear, and a torn rotator cuff.
She contends the accident would not have taken place if it weren’t for the negligence of the Walmart employee – named defendant “John Doe.”
She argues the cart pusher operated the vehicle in a “dangerous and reckless manner,” without regard to the safety of others in the vicinity, and at a greater speed than was “reasonable and prudent.”
Dao contends Walmart is liable for its employee’s actions, including allowing him to operate the cart pusher and failing to instruct the driver on its proper operation.
As a result, she alleges she has suffered physical pain, mental pain, medical expenses, loss of earnings, future loss of earning capacity, and permanent disability.
McCranie Sistrunk Anzelmo Hardy McDaniel & Welch in New Orleans is representing Walmart in the action.
Alvendia Kelly & Demarest LLC in New Orleans is representing Dao.
