Caryn Bellus, of our Miami office, prevailed in upholding a final summary judgment in a premises liability case obtained at the trial level by Charles Kondla, also of our Miami office. In Griffis v. Regal Cinemas, Inc., No. 2D19-1856, 2020 WL 6537806 (Fla. 2d DCA Nov. 6, 2020), the Second District Court of Appeal affirmed the final summary judgment determining that Plaintiff failed to meet his burden of proof by showing circumstantial evidence that Regal Cinemas had actual or constructive notice under §768.0755, Florida Statutes. On appeal, Plaintiff argued there were genuine issues of material fact concerning constructive knowledge of a substance on the floor outside the theater’s box office. The Second District rejected Plaintiff’s arguments and affirmed the judgment in favor of Regal Cinemas finding that Plaintiff failed to present evidence that the substance existed for a sufficient length of time such that Regal Cinemas knew or should have known of it and that Plaintiff further failed to plead that the condition occurred with regularity, and was therefore, foreseeable.
Locations
9100 South Dadeland Blvd.
Suite 1800
Miami, FL. 33156 305.374.1212
125 West Romana St.
Suite 550
Pensacola, FL 32502 850.434.0003
1705 Metropolitan Blvd.
Suite 202
Tallahassee, FL 32308 850.222.5188
201 South Orange Ave.
Suite 475
Orlando, FL 32801 407.245.3630
13350 Metro Parkway
Suite 401
Fort Myers, FL 33966 239.334.8403
402 Applerouth Lane
Suite 2C
Key West, FL 33040 305.509.7300
1 Independent Drive
Suite 1601
Jacksonville, FL 32202 904.396.0062
1396 NE 20th Ave.
Suite 500
Ocala, FL 34470 352.622.4222
400 North Ashley Drive
Suite 1200
Tampa, FL 33602 813.204.9776
110 East Broward Blvd.
Suite 1400
Fort Lauderdale, FL 33301 954.768.0011
1700 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401 561.640.0303
11 North Water St.
Suite 10290
Mobile, AL 36602 251.308.3351