The firm is pleased to announce that managing Partner and Board Certified Civil Trial Attorney, Benjamin L. Bedard and Senior Associate, John George, successfully obtained summary judgment in favor of their client, a large national retailer, in a premises liability action pending in the United States District Court for the Southern District of Florida.
In the action, the plaintiff alleged that he slipped and fell in water on the floor while shopping in the meat department in the retailer’s store. After removing the case to federal court on the basis of diversity jurisdiction, Mr. Bedard and Mr. George filed a motion for summary judgment in which they argued that there was no evidence that the retailer had actual or constructive knowledge of the water on the floor. In response, plaintiff argued that the condition occurred with regularity, citing the testimony of the store’s employees, who testified that they had seen water in that department on the floor on prior occasions. However, Mr. Bedard and Mr. George pointed out that many of the employees had worked at the store for over ten years, yet could only ever recall seeing water on the floor a handful of times.
The Court granted summary judgment in favor of our client, stating in the order that none of the evidence and testimony could support a reasonable juror in finding that Defendant was on constructive notice of any alleged dangerous condition. The firm is pleased that it was able to obtain another favorable result for its client and continue its success in defense of premises liability actions.