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Second DCA Affirms Summary Judgment Where No Evidence of Notice of Spill

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.

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