MSJ - Slip and Fall - Pinellas County

Tampa Partner Carlos Morales recently obtained an MSJ in a tough premises case against a national Plaintiff firm. 

This was a slip and fall case at Walmart in Pinellas County. Plaintiff slipped on a grape while shopping and testified that the grape was dirty and had cart track marks through it, suggesting it had been there for a longer period of time. The Court agreed with our argument that there was no evidence establishing notice as Plaintiff did not see the grape prior to her fall and there was no testimony as to how long it was there or how it came to be on the floor. The Court rejected Plaintiff’s testimony finding that the photographs of the smear did not show cart track marks but did show a freshly smashed grape consistent with Plaintiff stepping on it.

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