June 14, 2021
The premises liability team of DSB&C of our West Palm Beach office successfully defended an appeal in the Eleventh Circuit Court of an Order granting Final Summary Judgment. In Espinoza v. Target Corp., 843 F. App’x 168, (11th Cir. 2021), Plaintiff claimed physical injuries to her head, neck, back, and shoulder; she also claimed damages for psychological injuries and memory loss related to a fall in a large puddle of milk in the stationary department of the Boynton Beach store. The central issue on appeal was whether the evidence supported an inference of constructive notice under Fla. Stat. 768.0755 (2010).
The Per Curiam Opinion affirmed summary judgment in favor of Target as Plaintiff’s inferences regards the size of the puddle, the temperature of the milk, and the policy and timing of a last inspection did not establish how long the puddle had been on the floor to charge Target with constructive notice of its existence. The Court ruled as a matter of law Target was not liable for any of Plaintiff’s claimed injuries. A proposal for settlement was filed early in the case which provided the client the opportunity to recover costs and fees for successful defense of this lawsuit. Our team is well prepared to handle all aspects of the premises liability lawsuit including summary judgment, appeals, and trials.
You can read the opinion by clicking here.