terry's takes
Filtered by category: transitory foreign substanceMarch 25, 2024
5th dca, directed verdict, premises liability, slip and fall, transitory foreign substanceDoty v. Dolgen Corp, LLC d/b/a Dollar General
In this slip-and-fall case, Dollar General’s motion for directed verdict fell “far short.” One employee brought outdoor displays inside the store to get them out of the rain. She put out a wet-floor sign near the displays. When the rain stopped, a different employee brought the displays back outside and removed the wet floor sign. Plaintiff entered the store and slipped on a puddle of water inside the store. Dollar General argued that it had no constructive or actual notice of the water puddle, but a business owner has “actual knowledge” of a dangerous condition when the owner or one of its agents “knows of or creates the dangerous condition.” Here, employees created the condition by bringing the wet displays inside and then by taking away the wet floor sign. The jury’s verdict in plaintiff’s favor was affirmed.
read moreMarch 9, 2024
5th dca, transitory foreign substanceLeftwich v. Wal-Mart Stores E., LP
The Fifth DCA upheld a summary judgment in favor of Walmart, dismissing a slip-and-fall case where the plaintiff, Leftwich, alleged Walmart had constructive notice of a clear liquid on the floor that caused her fall. Video evidence showed no signs of the liquid in the nine minutes before the incident, and an employee testified that he was certain he would have seen the liquid if it had been present earlier. Although ‘plus’ factors like dirty footprints and wheel tracks were observed, the court found these insufficient to establish that the liquid was present long enough to hold Walmart liable. Judge Soud dissented, arguing that the evidence of ‘plus’ factors warranted a jury trial to determine the facts. The case highlights Florida's strict standards for proving constructive notice in premises liability cases involving transitory foreign substances.
read moreOctober 23, 2023
1st dca, premises liability, summary judgement standard, transitory foreign substance, vicarious liability, writ of certiorari, writ of quo warranto, wrongful deathGarcia v. Southern Cleaning Service, Inc.
Southern Cleaning contracted with Winn-Dixie Stores, Inc., a grocery store chain, to provide janitorial services. Then, Southern Cleaning subcontracted that work to PAM Cleaning, Inc., an independent contractor.
read moreMarch 31, 2023
11th circuit court of appeals, negligence, premises liability, transitory foreign substanceSutton v. Wal-Mart Stores East, LP
this case is useful enough that i have already used it in a response to a summary judgment motion. this is a plaintiff-friendly decision applying florida law regarding the statutory additional element in slip-and-fall cases against businesses.
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