Broward County Summary Judgment Affirmed in Hotel Premises Liability Appeal

CSK Appellate Counsel
Fort Lauderdale West Associate Amanda Wasserman

Case Summary
The Plaintiff filed a negligence action alleging she was electrocuted while showering in a rented hotel room. The Plaintiff claimed that an unsafe condition in the room caused her injuries and that the Defendant hotel operator and property owner were responsible for allowing a dangerous condition to exist.

The trial court entered summary judgment in favor of the Defendant hotel operator and property owner, finding that the evidence did not support the Plaintiff’s claims.

Defense on Appeal
On appeal, the Plaintiff argued that the trial court erred in granting summary judgment, asserting that the Defendant made misrepresentations to the court and had constructive knowledge of the alleged dangerous condition.

Ms. Wasserman focused the appellate strategy on two key arguments: first, that certain issues raised by the Plaintiff were not properly preserved for appellate review, and second, that the record evidence supported the trial court’s ruling even if those arguments had been preserved. She also emphasized that there was no competent evidence establishing that the Defendant knew or should have known about the alleged condition.

Decision
The Fourth District Court of Appeal issued a per curiam affirmance of the trial court’s summary judgment ruling in favor of the Defendant hotel operator and property owner.

The decision leaves the defense judgment intact and concludes the case without trial. The outcome highlights the importance of properly preserving appellate issues and reinforces the requirement that a Plaintiff present sufficient evidence of a Defendant’s actual or constructive knowledge in premises liability cases.