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Slip-and-fall Summary Judgment on Liability Affirmed and Motion for Appellate Attorney's Fees Granted
Sharon C. Degnan |
September 4, 2019
Sharon C. Degnan, of the Orlando office, won an appeal in the Fourth District Court of Appeal wherein she successfully defended a summary judgment in favor of a grocery store in a transitory foreign substance case in Guevara v. Winn-Dixie Stores, Inc., No. 4D18-936 (Fla. 4th DCA Apr. 4, 2019). The plaintiff had argued that there was an issue of fact for the jury as to whether the defendant had constructive notice of the existence of water on the floor of the produce department, which allegedly caused Plaintiff to slip and fall. In affirming the summary judgment, the appellate court was persuaded by Sharon's argument that the plaintiff's theory as to how the water got onto the floor and the length of time that it was there was completely speculative and, in order to be accepted, required improper inference stacking and disregard for the plaintiff's prior testimony. Based on the appellate court’s affirmance, the defendant’s motion for appellate attorney's fees was granted.