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Affirmance of Summary Judgment Based upon the Doctrine of “Caveat Lessor”

Sharon Degnan, of our Orlando office, secured an affirmance of a trial court’s order granting a Motion for Summary Judgment in Sanchez v. MAC Acquisition, LLC, 324 So. 3d 1021 (Fla. 3d DCA 2021), which involved a slip and fall case against a restaurant. Plaintiff alleged that she slipped and fell on pasta on the sidewalk leading from the restaurant to the parking lot. The Court granted the Motion based upon the doctrine of “caveat lessor.” Essentially, we argued that the lease relinquished total control to the restaurant which, we argued, made it impossible for the landowner to be liable to Plaintiff, and the Judge agreed.  Plaintiff appealed, but based on Sharon’s convincing argument, the lower court’s decision was affirmed with a written opinion from the Third District.

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