Maryse Sterlin v. Target

Carl Bober (Hollywood, FL)(Premises Liability) obtained Summary Judgment on behalf of our client, Target Corporation, in the Broward County Circuit Court case of Maryse Sterlin v. Target. Plaintiff alleged that she slipped and fell due to the negligent presence of a plastic item on the floor, and claimed that she had to undergo surgery to her knee as a result. In support of the Plaintiff’s claim, opposing counsel also filed a motion requesting a Valcin jury instruction, specifically seeking that the Court instruct the jury that it should presume negligence in this case, based upon the alleged spoliation of evidence related to the failure to preserve all surveillance video taken at the store on the date of the incident. Through discovery, we were able to establish that Target had no actual or constructive notice of the object on the floor. We were also able to prove to the Court that the Plaintiff’s claim of spoliation was legally insufficient, since Target had no legal duty to preserve the surveillance as the request to save it was not received until after the normal retention period of the video, and also because the Plaintiff’s arguments relied on an impermissible stacking of inferences which Florida law does not permit. The trial judge denied the Plaintiff’s Motion for the Valcin spoliation instruction, and granted our Final Motion for Summary Judgment. Our Motion to Tax Costs is pending.