January 22, 2024Share
Kelley Kronenberg Awarded Summary Judgment in Slip and Fall Case Valued Over $1M
Kelley Kronenberg Partner and Business Unit Leader, Aaron Neifeld, and Associate, Carla Freire Torres, successfully obtained an award of summary judgment in a case involving a slip and fall incident, avoiding exposure of nearly $1,000,000.00. The Honorable Judge Barbara Areces presided over the proceedings.
The plaintiff claimed negligence against the defendant, a shopping mall, after slipping on a clear liquid in the main walkway. The incident occurred between two kiosks, and surveillance footage revealed that the liquid had been on the floor for only eight minutes. The plaintiff argued that the presence of the mall’s commercial tenants imputed constructive notice of the spill onto the defendant.
Neifeld and Torres raised the defense of lack of notice of the spill, citing section 768.0755, Florida Statutes. Legal analysis referenced relevant cases, establishing that ten minutes or less is generally insufficient to prove constructive notice.
After hearing argument, the Court granted Final Summary Judgment in favor of the defendant. The ruling emphasized that the actions or inactions of independent kiosk and retail merchandise unit workers could not be attributed to the defendant, and constructive knowledge could not be imputed.