Ruling Affirmed: 11th Circuit Court of Appeals (Premises Liability)

Wicker Smith recently prevailed in an appellate matter heard by the 11th Circuit Court of Appeals.

Our Melbourne office represented a national retail warehouse chain in a premises liability matter in which Plaintiff slipped and fell on a crushed grape that was located in front of the register line, fracturing her patella in the fall. The case was litigated in federal court and summary judgment obtained after arguing that our client had no actual or constructive knowledge of the grape creating a potentially dangerous condition on the floor. The Court entered an order granting Final Summary Judgment in July 2024, after which Plaintiff appealed to the 11th Circuit.

Michael D’Lugo of the Orlando office handled the appeal, filing a detailed answer brief that refuted Plaintiff’s arguments, and the 11th Circuit entered a Per Curiam Affirmance upholding the District Court’s Summary Judgment ruling on March 5, 2026.

This was a difficult and contentious case, and our client is glad to finally have it resolved. Congratulations to all on this excellent work.