Case Law Alerts
Plaintiff’s and employees’ testimony of lack of inspections creates a genuine issue of material fact as to the defendant’s constructive notice of the spill.
The plaintiff slipped and fell on a transitory foreign substance inside the bathroom of a plasma donation center. At deposition, the plaintiff testified that he did not see any liquid on the floor until he fell, and after falling, he recalled seeing dirty footprints in liquid on the floor. The plasma donation center moved for summary judgment, and the plaintiff argued that his testimony and that of employees regarding the lack of inspections created a genuine issue of material fact as to the defendant’s constructive notice of the liquid. The trial court granted summary judgment for the defendant. On appeal, the Second District Court of Appeal reversed, finding that the plaintiff’s testimony established genuine issues of material fact as to the defendant’s constructive notice of the liquid.
Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.