Florida’s Fourth District Court of Appeal has refused to overturn a unique discovery order in a premises liability action. In Nucci v. Target Corp., a woman allegedly slipped and fell on a foreign substance while shopping at a Florida department store in 2010. Following the incident, she filed a premises…
In Design Home Remodeling Corp. v. Santana, a man was apparently injured when he fell while visiting a property owned by a condominium association. About 18 months later, the man and his wife filed a premises liability lawsuit against the association. As part of his complaint, the man alleged the…
In Walker v. Winn-Dixie Stores, Inc., a woman claimed that she was hurt when she fell on a wet floor while visiting a Florida grocery store. According to the woman’s complaint, she was accompanied to the store by a disabled friend who utilized an electric cart in order to shop.…
In Feliciano v. Target Corp., a woman was allegedly injured when she slipped and fell on a clear liquid while visiting an Estero department store. According to the woman, she failed to notice the notebook-sized pool of liquid on the floor because she was looking ahead, and it was obscured…
A federal district court in Florida has ordered that a man’s premises liability lawsuit be tried before a Nassau County court. In Mortensen v. Omni Hotels Management Corp., a man was allegedly injured when he slipped and fell while visiting a restaurant located inside of an Omni Hotel franchise. Prior…
A federal court in Florida has refused to allow a department store to claim surveillance video footage of an individual’s slip and fall while on company property was protected from disclosure by the work product privilege. In Sowell v. Target Corp., a woman was purportedly hurt when she fell inside…
In a recent case, a man appealed a grant of summary judgment as to one of the causes of action in his slip and fall case. The case arose at a country club where the man was an invitee. There was a slippery substance on the dance floor and the…
In a 2010 case, a woman appealed from a judgment entered after directed verdict in a personal injury case. The woman had sued an elevator corporation and Miami Dade County after she fell on an escalator at the airport. She claimed the escalator had stopped abruptly. She had fallen. The…
An important aspect of the discovery process during litigation is the preparation of responses to interrogatories. A common practice among plaintiffs’ lawyers is to ask their clients to prepare handwritten responses to the defendant’s discovery. These responses are solely for the attorney’s benefit. Certain interrogatories may ask for an opinion…
A recent case arose from a slip and fall that happened in a mall in 2008. The plaintiff had gone to the mall to buy clothes. The owner of the mall had contracted with a company to clean the mall. The plaintiff slipped on clear slippery material on the floor.…