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: 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...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: CIVIL PROCEDURE: NEW TRIAL: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY GRANTING PLAINTIFFS’ MOTION FOR NEW TRIAL BASED UPON DEFENDANT’S DESTRUCTION OF EVIDENCE, VIOLATION OF COURT ORDERS, DISCOVERY VIOLATIONS, AND JUROR MISCONDUCT BY CONCEALING LITIGATION HISTORY

Meadowbrook Meat Company v. Catinella, ___ So. 3d ___, 40 Fla. L. Weekly D402 (Fla. 2d DCA February 11, 2015)

The plaintiff alleged that he slipped and fell while unloading a truck at the defendant’s facility because of a malfunctioning dock leveler. The jury returned a defense verdict, but the trial court granted a new trial based upon the defendant’s … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: CLOSING ARGUMENT: PROFESSIONAL RESPONSIBILITY: GOTCHA TACTICS: EVIDENCE: MEDICAL RECORDS: STATEMENTS IN MEDICAL RECORDS THAT PLAINTIFF SLIPPED ON SPILLED WATER WERE INADMISSIBLE HEARSAY BECAUSE THE SOURCE OF THE STATEMENTS WAS UNKNOWN, AND THE PLAINTIFF DENIED MAKING THEM: TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO REDACT TWO REFERENCES TO WATER SPILL THAT PLAINTIFFS’ COUNSEL MISSED BEFORE THE RECORDS WERE ADMITTED IN EVIDENCE AND BY ALLOWING DEFENSE COUNSEL TO ARGUE THAT PLAINTIFF WAS DISHONEST BECAUSE SHE TESTIFIED THAT SHE SLIPPED ON SPRAYED INSECTICIDE: DEFENSE COUNSEL ENGAGED IN UNPROFESSIONAL, GOTCHA TACTICS AND UNDERMINED THE INTEGRITY OF THE JUDICIAL PROCESS

Andreaus v. Impact Pest Management, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D357 (Fla. 2d DCA February 6, 2015)

The plaintiff alleged that she slipped and fell on insecticide that had been sprayed on the tile floor outside an elevator, but her medical records contained references to slipping and falling on spilled water. The trial court properly granted … Click To Read Full Case Law Review...