Federal Court Grants HM&B’s Motion for Summary Judgment in Slip and Fall Claim

Juan Fonseca (plaintiff) alleges he was injured when he slipped and fell on metal hangers that Wal-Mart (defendant) had left on the floor of their store in Davie, FL. Fonseca alleges that Wal-Mart negligently failed to warn him of the hangers and also failed to maintain the store in a reasonably safe condition. Wal-Mart moved for summary judgment, arguing that it did not have actual or constructive notice of the hangers on the floor prior to the alleged incident. Wal-Mart did not owe Fonseca a duty to warn and did maintain the store in a reasonably safe condition because the store did not allow the hangers to remain on the floor for a significant length of time, and the incident was not foreseeable due to a similar incident. The Court agreed, finding that Wal-Mart neither owed Fonseca a duty to warn nor failed to maintain the premises in a reasonably safe condition. Fonseca claimed various injuries requiring surgery to his neck.  He sought over $253,000 in past medical bills after undergoing two surgeries.

The motion was written by HM&B partner William H. Edwards with legal assistance provided by associates Patricia Concepcion and Joshua Orlan.