Patricia Cassells and Wendy Gaskins secured a complete defense victory in a Florida premises liability action after the court granted final summary judgment and dismissed the plaintiff’s claims with prejudice. The plaintiff alleged that a transitory foreign substance on the floor caused a slip and fall incident. The defense focused on the notice requirement imposed by Florida’s transitory foreign substance statute, arguing that the plaintiff failed to produce evidence establishing either actual or constructive notice of the alleged condition. Following briefing and oral argument, the court entered final summary judgment in favor of the defense, finding that the plaintiff failed to present evidence from which a reasonable jury could conclude that the defendant had actual or constructive knowledge of the alleged condition. The court also rejected arguments relating to inspection procedures, employee training, and post-incident investigation practices, concluding that such issues could not substitute for proof of the statutory notice requirement.
