It is the policy of Walmart not to release their tapes before suit is filed. Sometimes they even resist releasing the tapes in suit until a court orders them to do so. That being said, Walmart is fairly easy to deal with in these matters compared to other retailers. You should sit down with your current attorney and discuss the good and the bad points in your case. Many clients are inexperienced in evaluating their cases and their damages. Your attorney should be able to detail what challenges are presented in your particular case. If you disagree with your attorney, you should seek an advocate who is willing to fight on our behalf and who believes in your case.
If your present attorney is going to drop your case, I would suggest consulting with a different one. A different attorney may feel that the case is still worth pursuing. You can probably find an experienced PI attorney in your area here on AVVO.
Sometimes Walmart will release a tape, other times they won't. If your attorney wants out, try to get another attorney to look at the case if it has not been filed. Walmart's has freezers that leak all the time.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
WalMart will normally not release any information and will attempt to make the situation as difficult as possible to deter you from continuing with the case. If your current legal representation does not want to continue, then you may want to consult another one to get a second opinion before you give up hope.
You definitely need to find another lawyer. If you have two herniated discs, your case is definitely worth filing suit to see the tape. Go interview lawyers in your area now. You should try and find a Board Certified Civil Trial Lawyer. Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. Certification is the highest level of evaluation by The Florida Bar of the competency and experience of attorneys in the 24 areas of law approved for certification by the Supreme Court of Florida.
Established in 1982 by the Florida Supreme Court, board certification helps consumers identify specialists in various areas of law.
Board certified Florida Bar members are the only Florida attorneys allowed to identify themselves as “Board Certified,” “Specialist,” “Expert” or to use the letters “B.C.S.” for Board Certified Specialist on business cards or letterhead, in legal directories or in advertising
Lawrence J. Marraffino
Florida Bar Board Certified Civil Trial Accident Attorney
This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.