Wicker Smith | Two summary judgments in one day in Lee County, Florida (Premises Liability)

Wickers Smith (South Florida)

Two summary judgments in one day in Lee County, Florida (Premises Liability)

Wicker Smith partner Drew Vogt argued Motions for Summary Judgment in two separate matters on the same day in Lee County, Florida, and won them both.

In the first case, a slip and fall case on behalf of Publix Supermarkets, evidence showed that the plaintiff walked over the incident area three times in a matter of moments before slipping and falling on his fourth pass. Wicker Smith argued that the plaintiff was unable to meet his burden of proof in establishing actual or constructive notice of a potentially dangerous condition. The Court agreed, and summary judgment was granted.

In the second case, on behalf of a small locally owned grocery carry-out, the plaintiff alleged that the firm’s client was negligent in failing to warn of a potential hazard and failing to maintain the premises after he successfully ascended a handicapped curb ramp but fell off the top of the sidewalk when he went to reach for a shopping cart that was allegedly heading his direction. Wicker Smith argued that there was no duty to warn of the curb ramp or sidewalk, as they were open and obvious conditions, and further argued that there was no evidence the curb ramp or sidewalk were in disrepair or in violation of any applicable code provisions that would enable the plaintiff to establish the firm’s client was negligent in failing to maintain the premises. The Court agreed, and summary judgment was granted.