Summary Judgment Obtained in a Premises Liability Case

Posted in Legal Alerts on June 1, 2022

Cristobal Casal and Yasmine Kirollos, Partners in our Fort Myers office, obtained summary judgment in favor of Target in a premises liability lawsuit in which Plaintiff alleged that she suffered a slip and fall while at the store.  Plaintiff claimed she fell due to a spill involving a blue liquid in one of the main aisle ways.  The lawsuit was initially filed in state court, however, Target removed the case to the United States Middle District Fort Myers Division citing diversity of jurisdiction.  Target argued that Plaintiff had failed to prove that the store had actual or constructive notice of the substance under the requirements of the state’s transitory foreign substance law. The federal court agreed in entering summary judgment and found Target to be the prevailing party in this matter.