TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: COMPARATIVE NEGLIGENCE: PLAINTIFF WAS NOT COMPARATIVELY NEGLIGENT FOR WEARING FOUR TO FIVE INCH HIGH-HEELED SHOES TO WORK

Bongiorno v. Americorp, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D760 (Fla. 5th DCA March 27, 2015)

The plaintiff slipped and fell on an unusually slippery floor in the restroom of the office building where she worked. The trial court, sitting without a jury, found that the plaintiff was 50% comparatively negligent because she was wearing four … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: SECTION 768.0755, FLORIDA STATUTES, WHICH REQUIRES EVIDENCE OF ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF A TRANSITORY FOREIGN SUBSTANCE, DOES NOT APPLY RETROACTIVELY TO ACCIDENTS THAT OCCURRED BEFORE JULY 1, 2010: EVIDENCE THAT DEFENDANT HAD EXCLUSIVE CONTROL OF PREMISES FROM WHICH PUDDLE OF WATER FLOWED CREATED AN INFERENCE OF NEGLIGENT MAINTENANCE OR MODE OF OPERATION; CIVIL PROCEDURE: SUMMARY JUDGMENT REVERSED: APPEALS: CONFLICT CERTIFIED

Glaze v. Worley, ___ So. 3d ___, 40 Fla. L. Weekly D555 (Fla. 1st DCA March 3, 2015)

While walking with his sister in a mall, a boy slipped and fell in a puddle of water that originated from the defendant’s business establishment. The trial court entered summary judgment for the defendant based upon its lack of actual or … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: NEGLIGENCE, ARBITRATION: AGREEMENT TO ARBITRATE CLAIMS ARISING OUT OF EMPLOYMENT DID NOT EXTEND TO CLAIM ARISING OUT OF SEXUAL ASSAULT WHILE ASLEEP IN EMPLOYER PROVIDED DORMITORY ROOM, CIVIL PROCEDURE: VENUE: FORUM NON CONVENENS, FORUM SELECTION CLAUSE IN ARBITRATION AGREEMENT DID NOT WAIVE FORUM NON CONVENIENS CHALLENGE

Club Mediterranee, S.A. v. Fitzpatrick, ___ So. 3d ___, 40 Fla. L. Weekly D500 (Fla. 3d DCA February 25, 2015)

The plaintiff, who was employed by Club Med as a costume designer, was sexually assaulted while asleep in her employer provided dormitory room in the Bahamas. When the plaintiff brought an action for premises liability and negligence in Florida, Club … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: NEGLIGENCE: PREMISES LIABILITY: FAILURE TO PROVIDE SECURITY: CIVIL PROCEDURE: DIRECTED VERDICT: LACK OF FORCED ENTRY INTO VICTIMS’ APARTMENT DID NOT REFUTE CAUSATION AS MATTER OF LAW

Sanders v. ERP Operating Limited Partnership, ___ So. 3d ___, 40 Fla. L. Weekly S85 (Fla. February 12, 2015)

The victims were shot to death in their apartment by an unknown assailant, but there were no signs of forced entry. The owner of the apartment complex, “a national company owning approximately 100 properties,” was allegedly negligent for “failing to: (1) … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: CIVIL PROCEDURE: DISCOVERY: SAFETY COMMITTEE REPORTS: WORK PRODUCT: SAFETY COMMITTEE REPORTS CONSTITUTED WORK PRODUCT AND WERE NOT DISCOVERABLE BECAUSE PLAINTIFF DID NOT SHOW THAT PRODUCTION WAS NECESSARY AND THAT SHE COULD NOT OBTAIN THE SUBSTANTIAL EQUIVALENT WITHOUT UNDUE HARDSHIP; APPEALS: CERTIORARI

Millard Mall Services, Inc. v. Bolda, ___ So. 3d ___, 40 Fla. L. Weekly D384 (Fla. 4th DCA February 11, 2015)

The trial court, in a slip and fall case, overruled the defendant’s objection to the production of Quarterly Safety Committee Reports, but the appellate court granted the defendants’ petition for certiorari and quashed the trial court’s order. The … Click To Read Full Case Law Review...