Bay County Court Grants Summary Judgment for Resort Property Defendant

CSK Defense
Pensacola Partner Douglas Grayson Miller

Case Summary
This premises liability action arose from an alleged slip and fall at a resort property during a wedding. Plaintiff claimed she was injured after slipping on standing rainwater while walking across an outdoor boardwalk.

According to Plaintiff, the property owner failed to maintain the premises by allowing standing rainwater which created an unreasonably dangerous condition, and the property owner also failed to warn guests of the alleged risk.

Defense Strategy
Mr. Miller successfully argued that standing rainwater on an outdoor, uncovered deck immediately following a rain event is not an unreasonably dangerous condition as a matter of law.  And further, the undisputed material facts established that the sole cause of Plaintiff’s fall was due to the rainwater, so any facts or argument regarding the condition of the deck itself aside from the rainwater was immaterial because it did not cause or contribute to Plaintiff’s fall. 

Accordingly, no genuine issue of material fact existed to preclude summary judgment, and the resort was entitled to judgment as a matter of law.

Outcome
The trial court granted summary final judgment in favor of the Defendant Resort after finding that Plaintiff failed to present sufficient evidence to support her negligence claim.

The ruling reinforces the importance of strategic deposition preparation and examination and development of the summary judgment record for premises liability actions and confirms that ordinary, everyday conditions may not create a triable issue as to liability.