Summary Judgment: U.S. District Court for the Middle District of Florida – Ft. Myers Division (Premises Liability)

Naples Partner, Drew Vogt, obtained summary judgment in a slip and fall case pending in the U.S. District Court for the Middle District of Florida – Ft. Myers Division.

Our client in this matter was a national retail pharmacy chain. Plaintiff claimed that he slipped and fell in the restroom of a store located near the Naples Pier, and was transported from the scene via EMS. Plaintiff alleged that as a result of this accident, he suffered a broken leg, a torn rotator cuff that required surgery to repair, and injuries to his lumbar back.

During his deposition, Plaintiff admitted that he did not see anyone spill anything, nor did he see any cleaning supplies, caution signs, or skid marks before or after the fall. A store employee testified that he had been in the restroom approximately five minutes prior to the subject incident, and that the restroom was clean, dry, and nothing was malfunctioning or out of the ordinary.

We moved for summary judgment on the grounds that the store did not have actual or constructive notice of a dangerous condition. The Court agreed, and summary judgment was granted.