Walko, Laura v. Wawa, Inc

Terry D. Dixon and Matthew B. Bernstein (DeLand/Central FL) (Premises Liability) obtained Summary Judgment in the case Walko, Laura v. Wawa, Inc. Plaintiff alleged she slipped and fell on an unknown foreign substance on the floor of Wawa’s premises, which caused her to break her arm.  At her deposition, Plaintiff could not identify what she fell on, how the alleged foreign substance came to exist on the floor, who caused the alleged dangerous condition, how long the substance had been on the floor, or whether Wawa had actual or constructive notice of the substance.  In fact, the only record evidence of the floor’s condition was that 20 minutes prior to Plaintiff’s fall, a Wawa employee walked through that very area and found nothing to be on the floor.  The Court granted Wawa’s motion for Summary Judgment because of Plaintiff’s inability to establish the requisite elements of negligence, including the presence of a foreign substance or notice of the alleged dangerous condition.