In a recent appellate case, a plaintiff appealed a trial court’s final judgment order entered against him in favor of defendants in the Florida slip and fall claim. According to the court’s opinion, the plaintiff filed a negligence lawsuit against a plasma-donation center (the Center) after slipping and falling in the defendant’s bathroom. Evidently, while the plaintiff was at the Center, he went to use the bathroom, as he pushed the door open and took a few steps onto the floor, he fell. He told the receptionist about his fall and asked her to call emergency responders. The defendants created an incident report which described the man’s fall and indicated that the Center’s supervisor checked the bathroom floor and did not see any liquid.
During a deposition, the man testified that he does not remember seeing a wet floor until after he fell but that he remembers slipping and falling forward, as if someone pushed him. When he was on the floor, he saw something that resembled a cup of water and a couple of muddy footprints. The medical supervisor testified that he did not remember how much time elapsed between the incident and inspection, and the Center did not have a schedule for inspecting the bathrooms.
The defendants moved for summary judgment, arguing that the plaintiff’s contention of seeing wet footprints was not enough to overcome the motion. In response, the plaintiff argued that his testimony regarding the appearance of the substance in combination with the defendant’s Centers testimony concerning the lack of inspections created a genuine issue of material fact.