Cross-Office Team Secures Summary Judgment Win for International Retailer in Premises Liability Matter

Tampa, Fla. (October 24, 2024) – Tampa Partner Jonathan Aihie and Phoenix Partner Georgia Hamann recently secured summary judgment for an international retailer in a premises liability claim. The plaintiff slipped and fell on a temporary substance, alleging negligence against our client under Florida Statute Section 768.0755, resulting in severe knee and back injuries.

The main issue in the case is whether the retailer had knowledge of the substance that caused the accident. The plaintiff argued that the retailer’s employees failed to follow the store's maintenance policies to identify and address the hazard before the accident, as evidenced by CCTV footage showing employees passing through the area without removing the hazard.

In response, the Lewis Brisbois team pointed out that there was no evidence of when and how the substance got on the floor. Therefore, they argued that there was no evidence to show that the substance was on the floor when the employees were present. The team also argued that the plaintiff's inferences were unreasonable, as many customers, who could have been the source of the substance on the floor, passed through the area minutes before the accident without falling.

The court granted the motion for summary judgment, refusing to accept the plaintiff's stacked inferences. Prior to this, the plaintiff had demanded $600,000, and the case was set for trial. The client was very pleased with the outcome.