Summary Judgment: Collier County, Florida (Premises Liability)

Naples Partner Drew Vogt and Associate Sean Farrell recently obtained summary judgment on behalf of Publix Super Markets in a premises liability case in Collier County, Florida.

Plaintiff in this case alleged that he slipped and fell on a transitory substance in the meat department of a Publix store, sustaining injuries to his head, left shoulder, and left elbow.

Plaintiff was not able to provide any credible testimony or evidence that there was any substance on the floor, and multiple Publix employees testified that the area was clean and dry, without any track marks, dirt, stickiness, water drops, or any other indication of any liquid having been on the ground. The department manager had performed a routine check of the area less than two minutes before the fall and found no dangerous condition, and the area required no cleanup when store associates arrived to assist the Plaintiff after his fall.

We moved for summary judgment on the grounds that no existence of a potentially dangerous condition had been established, and additionally, that had such a condition existed at all, Publix had not been made aware of such a condition. The Court agreed, and entered summary judgment in Publix’s favor.

Congratulations Drew and Sean on this great work.