Summary Judgment: Volusia County, Florida (Premises Liability)
Congratulations to Orlando Partner, Patrick Mixson, and Associate, Jacqueline Bourdon, on obtaining summary judgment for Publix Super Markets in a premises liability case in Volusia County, Florida.
The Plaintiff claimed that she slipped and fell in the produce department of a Publix store. She alleged that she sustained injuries to her knee, requiring arthroscopic surgery, and lower back, attributing approximately $200,000 of medical bills to the incident.
Though the Plaintiff testified in her deposition that she believed she slipped on brown, slimy lettuce, the Court found that her testimony was inconsistent with the store camera video and that there was no evidence that the Plaintiff actually slipped on a transitory foreign substance. The Court granted summary judgment in Publix’s favor. As a result, Publix will be entitled to recovery of attorney’s fees and costs, in light of a previous Proposal for Settlement.