Orlando Partner Stephanie McCoy and Miami Associate Katrina Fernandez recently secured summary judgment in a slip and fall case in Palm Beach County.
The Plaintiff slipped on a clear liquid substance in the main aisle of our client’s store. As a result of the incident, Plaintiff was claiming injuries to her neck, shoulder, and back with over $200,000 in past medical expenses.Plaintiff argued our client was on constructive notice of the liquid on the floor because an employee walked through the incident area approximately 40 seconds before Plaintiff’s incident.
However, Plaintiff testified the liquid was clear without footprints, track marks or dirt. Plaintiff also testified she did not know where the liquid came from or how long it was on the floor before she slipped and fell. Ms. Fernandez successfully argued that Plaintiff was unable to establish her claim of negligence without impermissibly stacking inferences.
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