Late last month, a state appellate court issued an opinion in a Florida premises liability case involving a woman who slipped and fell while at her local grocery store. The case required the court to determine if an affidavit of the plaintiff’s sister was properly excluded from consideration by the trial court before it granted the store’s motion for summary judgment. Ultimately, the court concluded that the sister’s affidavit should have been considered, and thus, summary judgment was inappropriate.
According to the court’s opinion, the plaintiff and her sister were shopping at the defendant grocery store when the plaintiff slipped and fell after stepping in a puddle of water. The plaintiff filed a Florida slip and fall lawsuit against the store, and presented an affidavit from her sister in support of her claim. In the affidavit, the sister explained that the puddle was right next to a large cooler, was oblong in shape, and looked to have been stepped in by other people.
The grocery store asked the court not to consider the sister’s affidavit because it “baldly repudiated” the testimony that she gave at a prior deposition. At the deposition, however, the sister was only asked two questions, including the origin of the puddle and whether it consisted of a transparent liquid. Neither counsel asked the sister about the shape of the puddle.