Meghan Theodore and Matt Moschell obtained Summary Judgment in a premises liability action in matter styled Faria v. Defendant Store arising out of an alleged slip and fall. Plaintiff alleged that he slipped and fell on a transitory foreign substance that was purportedly present for an extended period of time in Defendant Store’s parking lot.
At the outset of the case, Plaintiff requested the closed circuit television (CCTV) depicting the alleged incident. Based on Florida and federal case law, we objected to this request, and were able to prevent disclosure of the CCTV footage until after Plaintiff’s deposition. Notably, the CCTV footage showed Plaintiff stumble for a brief moment, but never entirely fall to the ground. However, Plaintiff told a different story at deposition—Plaintiff described the incident as a violent fall that caused his entire back to strike hard against the ground. The Court in turn granted our Motion for Summary Judgment and found that there were no genuine issues of material fact and that Defendant Store was therefore, entitled to judgment as a matter of law.
