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: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: DISCOVERY: INCIDENT REPORTS FROM ALL OF DEFENDANT’S STORES IN THE STATE OF FLORIDA; APPEALS: CERTIORARI: CARTE BLANCE TO IRRELEVANT DISCOVERY

Publix Supermarkets, Inc. v. Santos, ___ So. 3d ___, 38 Fla. L. Weekly D1656 (Fla. 3d DCA July 31, 2013)

The trial court in a slip and fall case ordered the defendant to produce incident reports from all of its supermarkets in the State of Florida, but the appellate court granted the defendant’s petition for certiorari and quashed the trial … Click To Read Full Case Law Review...