A California appeals panel has refused to revive a lawsuit against Walmart Inc. filed by a shopper who claimed she suffered chemical burns from a leaking bleach bottle, ruling that she failed to preserve her objections regarding an allegedly biased juror who owned Walmart stock.
In a decision filed Thursday, the three-judge panel upheld the lower court’s jury verdict in Walmart’s favor, finding that Valeria Segoviano Hernandez did not take the necessary procedural steps during trial to challenge the juror’s participation.
A Shopping Trip Turns Into a Lawsuit
The case stemmed from a 2019 incident in which Hernandez, while shopping at a California Walmart, reached for a Clorox bleach bottle only for the cap to pop off, spilling bleach onto her left arm and hand. She later sued Walmart, alleging negligence and product liability.
During jury selection, one prospective juror—referred to as “Juror K” in court documents—disclosed that he held stock in Walmart and Clorox through mutual and exchange-traded funds. Despite this potential conflict, Juror K stated that he could remain impartial and follow the law, even though he admitted that a verdict could indirectly affect his portfolio’s value.
Hernandez and her legal team used all their peremptory challenges but did not request additional ones, nor did they object when Juror K was seated.
