Tom Paradise and Belinda Scott (Broward/Ft. Lauderdale, FL) (Premises Liability) obtained a defense summary judgement in an action against Target Corporation for negligence.
Plaintiff contended that she slipped and fell due to a substance on the floor. However, after the incident the Plaintiff claimed she suffered amnesia with regard to the details of her fall and could not state what she slipped or tripped on. Plaintiff sustained a broken nose and a broken wrist which required surgery, numerous lacerations and an injury to her lower back.
Plaintiff could not state what caused her to fall, or if she tripped or slipped, and at no point did the Plaintiff actually observe a foreign substance on the floor. Target filed a motion for final summary judgment on the basis that the Plaintiff was unable to prove actual or constructive notice on the part of Target. The Court, while noting that this is a hard case,” found that there was simply no evidence that Target failed to do something that a reasonable store would have done. The Court noted that Plaintiff had not met her burden to produce evidence giving rise to an inference that the alleged foreign substance had been on the floor for a sufficient length of time to charge Target with constructive knowledge. Accordingly, the Court granted Target’s motion for summary judgment.