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No Negligence Where Only Duty Owed by Defendant was to Perform its Contractual Obligations in a Reasonably Safe Manner

Kimberly A. Beckwith, of our Tampa office, obtained final summary judgment for her client arising out of a slip and fall at a hospital. The client contracted with the hospital to perform routine housekeeping services, which included a once-per-day spot clean of the public areas.  At deposition, Plaintiff testified he did not see the client’s employees cleaning, using any machines, or performing any duties. He further testified he had no knowledge as to how the water puddle got there, how long it had been there, or who put it there.  Kim successfully argued the contractor’s duty is not like that of the premises owner.  Rather, it only owes a duty to perform its contractual obligations in a reasonably safe manner.  Plaintiff attempted to convince the Judge he was allowed to infer our client was negligent simply by being present in the area, but Kim quickly countered that argument citing to Encarnacion v. Lifemark Hospitals of Fla., 211 So. 3d (Fla. 3d DCA 2017), a similar case with even less favorable facts. The Judge was convinced and ruled that, while our client did owe a duty to perform its contractual obligations in a reasonably safe manner, there was insufficient evidence to find our client had breached that duty.

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