Recently, an appellate court issued an opinion in a personal injury lawsuit regarding an issue that often arises in Florida slip-and-fall cases. Specifically, the case deals with the quantum of evidence a plaintiff must provide in order to present a legally sufficient case. Here, the court affirmed the trial court’s dismissal of the plaintiff’s lawsuit, finding that the plaintiff did not provide sufficient notice of the location of her injury.
The Facts of the Case
The case stemmed from an accident that the then-79-year-old plaintiff suffered when she was walking and tripped on a crack in the cement. Shortly after her accident, the woman filed a notice of lawsuit with the state’s city council. About two years after her notice of lawsuit, the plaintiff filed a complaint, alleging the city’s negligence for failing to properly maintain its sidewalk. In the lawsuit, she noted the location was “on or near” an off ramp. The city filed a motion for summary judgment, arguing that the location the plaintiff provided was insufficient to put the city on notice, and since the statute of limitations had passed, the plaintiff should not be granted leave to amend her lawsuit.
In the motion for summary judgment, the plaintiff argued that the city is a “sophisticated entity” and could have found the location of her injury by looking at a map. However, the trial judge granted the motion for summary judgment and agreed that, although the decision was harsh, the plaintiff’s notice was inadequate.