Esther Hall v. Moran Foods, LLC, d/b/a Save-A-Lot, Store # 142, Case No. CACE-13-023675 (18) (Fla. Cir. Ct. Dec. 8, 2014) (Hon. Marina Garcia-Wood, Circuit Judge)
Plaintiff Esther Hall was a customer in Defendant Moran Foods’ store. Ms. Hall alleged she sustained serious and continuing injuries when a 32 ounce can fell from a display shelf onto her ankle as she waited in one of the store’s checkout lines. Ms. Hall sued Moran Foods claiming it created a dangerous condition by placing the display of 32 ounce cans in an unreasonably dangerous place within its store.
Moran Foods moved for summary judgment asserting that the mere occurrence of the incident did not establish the store’s liability for same. Moreover, Hall produced no evidence establishing how long the allegedly dangerous condition existed prior to her alleged incident. During her deposition, Moran Foods elicited testimony from Hall establishing she did not see the subject can prior to the alleged incident, did not know from where the can fell, did not see the can fall onto her ankle, and did not know what caused the can to fall. As Hall also failed to establish the existence of any prior substantially similar incidents, Moran Foods further argued the incident was not reasonably foreseeable and it did not have constructive notice of the allegedly dangerous condition.
The Court found there were no issues of material fact regarding Moran Foods’ actual or constructive knowledge of a dangerous condition. The Court held Moran Foods was entitled to summary judgment, as a matter of law, and entered judgment against Hall’s claims.