Case:
John Doe v. Defendant Retail Store
Practice Area:
Attorney(s):
Plaintiff Counsel:
Law Offices of Craig Goldenfarb, P.A.
Result:
Final Summary Judgment
Summary:
Senior Partner Marc Greenberg, Esq., and Senior Appellate Partner Daniel Weinger, Esq., obtained a Final Summary Judgment in Palm Beach County in a premises liability action styled John Doe v. Defendant Retail Store. Senior Judge Richard Oftendal granted Defendant’s Motion for Final Summary Judgment on lack of notice pursuant to Florida Statute 768.0755 (1)(a) and (1)(b). Plaintiff slipped and fell on laundry detergent in the chemical aisle. Plaintiff was transported to the hospital and ultimately underwent two L5-S1 Discectomies as well as C3-C6 cervical epidural injections. Plaintiff’s past medical bills were $255,846 as of the date of the hearing. Also, Plaintiff’s life care planner MD opined that Plaintiff will likely require $1,098,750 in future medical treatment.
Judge Oftendal held that the preserved store video was dispositive evidence supporting the Defendant’s contention that it was not on actual or constructive notice of the liquid on the floor prior to Plaintiff’s fall. Using a videography expert, the Defendant was able to prove that the source of the spill came from another customer 1 minute and 10 seconds prior to Plaintiff’s fall, thereby negating any constructive notice on Defendant under (1)(a) of the statute. As for (1)(b) of the statute, Plaintiff did not present any genuine issue of material fact showing that spills occurred with regularity, and were therefore foreseeable. Read More
