REAL ESTATE: LEASES: TENANT WAS NOT ENTITLED TO CONTRACTUAL OR COMMON LAW INDEMNITY FROM LANDLORD BECAUSE SLIP AND FALL OCCURRED ON THE PART OF THE PREMISES IT LEASED FROM THE LANDLORD  

Hillstone Restaurant Group, Inc. v. P.F. Chang’s China Bistro, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1713 (Fla. 3d DCA August 13, 2014)

The appellate court reversed summary judgment for the tenant on its claim for indemnification against the landlord in a slip and fall case.  The accident occurred near the entry to the tenant’s restaurant, but the … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: REAL ESTATE: LEASES: INDEMNITY

Hillstone Restaurant Group, Inc. v. P.F. Chang’s China Bistro, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1068 (Fla. 3d DCA May 21, 2014)

The appellate court reversed summary judgment establishing that the tenant was entitled to indemnity from the landlord as a result of a slip and fall accident occurring outside the building leased to the tenant.  The … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: STATUS AS UNINVITED LICENSEE OR TRESPASSER: DEFENDANT’S KNOWLEDGE OF PLAINTIFF’S PRESENCE; CIVIL PROCEDURE: SUMMARY JUDGMENT REVERSED BECAUSE DEPOSITION WAS NOT INCLUDED IN RECORD

Denniser v. Columbia Hospital Corporation of South Broward, ___ So. 3d ___, 39 Fla. L. Weekly D990 (Fla. 4th DCA May 14, 2014)

While the plaintiff was visiting her mother in the defendant’s hospital, the plaintiff went into a pantry for hospital staff only and slipped and fell on a wet floor.  The trial court granted summary judgment for … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: SUMMARY JUDGMENT: DISCOVERY: PREMATURE MOTION

Harper v. Wal-Mart Stores East, L.P., ___ So. 3d ___, 39 Fla. L. Weekly D556 (Fla. 5th DCA March 14, 2014)

The trial court erred by entering summary judgment for the defendant in a slip and fall case before providing the plaintiff with the opportunity to depose a witness whose affidavit was submitted in support of the motion.… Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: PREMISES LIABILITY: INADEQUATE SECURITY: ATTACK BY INTOXICATED BAR PATRON: EVIDENCE: NOTICE: PRIOR INCIDENTS: PARTY SHOULD NOT TAKE ADVANTAGE OF THE ABSENCE OF EVIDENCE IT SUCCEEDED IN EXCLUDING

Bellevue v. Frenchy’s South Beach Café, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D2537 (Fla. 2d DCA December 4, 2013)

The plaintiff was attacked just before closing time when she arrived at a restaurant and beach bar to pick up her roommate, who was one of the bartenders.  The plaintiff sued the bar for negligence based on failing … Click To Read Full Case Law Review...