Summary Judgment: Pinellas County, Florida (Trip and Fall)

Tampa Associate, Kayli Camarena, recently obtained summary judgment in a trip and fall case in Pinellas County, Florida.

Plaintiff in this case tripped over a large battery that our client placed on the floor of the rotunda at a professional sports complex. The battery was placed on the ground for 15 seconds while our client picked up a piece of trash, a fact which was corroborated by video surveillance. The video further showed that another family avoided the battery on the floor moments before the Plaintiff encountered it. Plaintiff admitted in her deposition that the battery was out in the open, not concealed, and she would have seen it had she looked where she walked.

Good faith efforts to settle the case were rejected, so we moved for summary judgment based on the evidence that the battery was open and obvious. After hearing arguments of counsel and reviewing the surveillance video, the Court agreed with our position and summary judgment was granted.