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Summary Judgment Granted Where No Evidence of Defendant’s Actual or Constructive Notice

Ken Oliver, of our Ft. Myers office, argued and won a Final Summary Judgment on a slip-and-fall case that occurred at a grocery store. Plaintiff had no prior injuries or complaints, and damages were excessive. Ken’s client had a video of the incident, but lost it, and Ken previously dodged the spoliation and adverse-inference motion by arguing that the store was not on notice to preserve evidence. The only evidence was a photograph showing a reddish liquid substance (drippings from a meat package) on the floor with Plaintiff lying on the floor next to it. Ken was able to convince the Judge that there was simply no evidence of actual or constructive notice.

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