Pensacola Partner, Grayson Miller, obtained summary final judgment in favor of a local restaurant in a premises liability case.
Plaintiff was an invitee visiting Defendant’s restaurant in Escambia County for her first time for lunch. On Plaintiff’s way to her seat, Plaintiff slipped and fell on alleged grease that was located on Defendant’s floor. Among other things, Defendant denied having actual or constructive notice of the alleged grease.
At Plaintiff’s deposition, she denied knowing the origin of the grease or providing any information about how long it may have been on the floor, but she later revised her testimony with an affidavit opposing the summary judgment motion claiming the grease had splattered from a grill in the kitchen. Plaintiff alleged if the grease had splattered from the kitchen, then Defendant created the condition allowing Plaintiff to prove notice. In response to the affidavit, Defendant added a Motion to Strike Affidavit to the summary judgment hearing.
The Court partially struck Plaintiff’s affidavit and then found no genuine dispute of fact existed regarding Plaintiff’s inability to establish actual or constructive notice of the grease. Accordingly, the trial court agreed with Defendant, held Plaintiff was unable to prove notice as a matter of law, and entered summary final judgment in favor of Defendant.
Grayson Miller
douglas.miller@csklegal.com
(850) 483-5910
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