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Barbara Fox Secures Affirmance from Third DCA in Premises Liability Case

Congratulations to Barbara Fox of our Miami office, who obtained an affirmance of a final summary judgment order entered in our client’s favor in Castro Miro v. Vista Del Lago I Condominium Association, Inc., No. 3D24-1965 (Fla. 3d DCA Sept. 10, 2026). The case involved an alleged slip-and-fall as a result of a small amount of water on the floor in a condo association common area, resulting in bodily injury to the plaintiff. The final summary judgment order—which had been argued before the trial court by Peter Baumberger and Andrea Mathwich of our Miami office—concluded that: (1) the defendant condo association is a business and, therefore, Florida’s Transitory Foreign Substance Statute, section 768.0755, applies to this loss; (2) the record evidence reflected the defendant had no actual or constructive notice of the water on the floor; and (3) the affidavit submitted by the plaintiff’s expert created no genuine issues of material fact precluding summary judgment. On appeal, the plaintiff/appellant argued against each of these conclusions by the trial court and also argued the trial court applied the incorrect summary judgment standard. Barbara dismantled each argument raised by the plaintiff/appellant, and the Third District Court affirmed final summary judgment in our client’s favor. For the per curiam affirmance, click here: https://flcourts-media.flcourts.gov/content/download/2495035/opinion/Opinion_2024-1965.pdf.

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