Motion for Summary Judgment Granted in Jacksonville Slip & Fall Case

JACKSONVILLE – SEPTEMBER 17, 2021 – Wicker Smith O’Hara McCoy & Ford P.A.’s Jacksonville attorneys were granted a motion for Summary Judgment in a premises liability case earlier this month. Attorneys in this case included Jacksonville office’s partner, Charlene C. Poblete, and associate, John P. McDermott.

In this case, the Plaintiff demanded $500,000 by way of a Proposal for Settlement due to an alleged slip and fall from accumulated rainwater at the entrance to a large international quick serve restaurant, which led to shoulder and hip surgeries and more than $70,000 in medical expenses.  Through undisputed testimony Wicker Smith attorneys strategically elicited from Plaintiff during his deposition, their Motion for Summary Judgment on the grounds that Plaintiff could not establish actual or constructive notice as required by Florida Section 768.0755 was granted in favor of the restaurant. In addition, the Plaintiff’s counsel also sought to emergently continue the hearing 20 days prior, but was denied.