Plaintiff, alleged she slipped and fell on liquid in the frozen food aisle of our client’s supermarket in Orlando, FL. Plaintiff alleged a failure to maintain the store in a reasonably safe condition and that it failed to warn her of the substance on which she slipped. She claimed the liquid was water leaking from a nearby freezer and described it as dirty with a foul smell. However, her deposition revealed that she never actually saw the water before or after the fall and her conclusion that it was “dirty” came solely from an odor she allegedly observed while she remained on her back. Her daughter, who was present, testified that she believed the liquid was dirty, contained footprints, and came from a cooler leak. She also confirmed taking photographs at the scene. Despite Plaintiff and her daughter claiming a leaking freezer was responsible for the substance on the floor, review of the CCTV which the Defense had digitally enhanced revealed the source to be a small child who spilled a drink in the exact location of Plaintiff’s fall less than 4 minutes prior to the fall, and with no employees seen in the vicinity during that small period of time.
On Jul 23, 2025, following hearing, the Court granted Summary Final Judgement in favor of the Defense. The Court found that Plaintiff could not meet its burden under the current standard to establish the Store was on constructive knowledge of the allegedly dangerous condition and specifically found that 1) The video established clear evidence of a spill in the exact location of the fall less than 4 minutes before the fall 2) Plaintiff and her daughter’s claims of a leaking freezer amounted to pure speculation absent any actual evidence of a leak existing and 3) Plaintiff’s daughter’s testimony that the water was dirty and that she saw it leaking from a cooler was not sufficient to create a GENUINE issue of fact in light of the video evidence presented at the hearing. Lara Weems Rezapour and Paxton Bagan were the attorneys who secured the victory on behalf of the client.
