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Florida Fourth DCA rules that grocery store defendant in slip and fall case was entitled to summary judgment because there were no disputed factual issues about the store’s constructive knowledge of spill

On February 19, 2020, in Oliver v. Winn-Dixie Stores, Inc., No. 4D19-291, the Florida Fourth DCA affirmed a summary judgment entered by the trial court in favor of the grocery store defendant in a slip and fall premises liability case. The plaintiff testified that she slipped on the grocery store floor and subsequently noticed a “clear, dirty liquid on the floor,” which was later determined to be a squashed grape. The defendant presented employee testimony and corroborative video that the employee passed through the area of the incident four times in a 16-minute period, with the last passage occurring about 13 minutes before the incident, and never saw anything. Although the plaintiff argued that the surveillance video created a material issue because it did not show exactly where the employee was looking when he passed by the incident area, the trial court and Fourth DCA concluded that the defendant had met its burden at the summary judgment stage of proving that there no disputed factual issues as to constructive notice of the spill.