Motion for Summary Judgment is Won
Jacksonville Liability Attorney Megan Russell recently obtained an order granting her motion for summary judgment in a slip and fall case.
There, the plaintiff claimed that she fell in the beverage aisle of the store due to a liquid substance. She filed the case just prior to the statutory changes in March 2023, and amended the complaint to include a litany of accusations in June 2023. The defendant filed a motion to dismiss and was able to get a stipulation to eliminate the allegations which were not compliant with Florida Statute 768.0755.
Through deposition testimony and discovery, the defendant showed that the plaintiff was unable to prove either actual or constructive knowledge of the substance. Significantly, the security footage from the day in question did not even capture the fall. The footage showed other customers walking through the area only minutes and seconds prior to the plaintiff without incident, which the defendant successfully argued was constructive evidence that a spill had not been present for a significant amount of time for it to be on notice.
After granting the motion for summary judgment, the Court retained jurisdiction for taxable costs.
