Roig Attorneys Obtain Final Summary Judgement in Slip and Fall Case
Roig Partner Jenna T. Hackman and Senior Attorney Veresa Jones Adams obtained a Final Summary Judgment on behalf of the Defendant after demonstrating that the Plaintiff was unable to meet her burden of proof that the hospital was negligent in her slip and fall action.
The Plaintiff was an elderly woman who was a visitor at the hospital. While leaving a patient room and walking down the hallway, she fell over. Her stepdaughter, who was with her at the time, testified that the floor was ‘grippy’ and ‘sticky’ but offered no further evidence of what was on the floor as she never saw or touched anything. Two nurses responded to the fall to help the Plaintiff and inspected the floor, finding it clear of any substance or liquid.
The Plaintiff initially alleged the floor had been waxed recently and leftover wax caused the Plaintiff to fall. Independent testing debunked the Plaintiff’s claim and the floor cleaning schedule proved that was not the case. The Plaintiff then alleged the substance could have been some other material, but ultimately could not demonstrate after the Court granted her generous leeway in discovery. Jenna moved for summary judgment on the grounds that the Plaintiff could not succeed under Florida’s transitory substance statute and prove actual or constructive notice, and the overwhelming evidence obtained during litigation established the floor was substance and defect-free. The Court ultimately agreed and granted the Defendant hospital’s Motion for Final Summary Judgment prior to trial. It also denied the Plaintiff’s motion for reconsideration/rehearing.