Lara Edelstein successfully defended a summary final judgment in a slip and fall case. The plaintiff slipped and fell on an “oatmeal-like” substance in the outdoor area at a gas station. There was a surveillance video of the incident that started 19 minutes and 54 seconds before the plaintiff’s fall. It showed numerous pedestrians walking and vehicles driving through the area without incident. The defendant moved for summary judgment arguing that it had no constructive knowledge of the substance on the ground prior to the plaintiff’s fall. The trial court agreed and granted the motion.

Ms. Edelstein argued on appeal that there were no disputed issues of material fact where the plaintiff failed to present any evidence demonstrating that the defendant had constructive knowledge of the substance on the ground prior to the plaintiff’s fall. The surveillance video combined with the deposition testimony of the plaintiff and the defendant’s assistant manager did not support a permissible inference that the condition existed for a sufficient length of time to establish construction knowledge.

The Sixth District Court of Appeal affirmed the final judgment without a written opinion.

About Lara J. Edelstein

Lara J. Edelstein is a partner with the firm’s Appellate Practice department based in the Boca Raton office. Ms. Edelstein has extensive experience in appellate law, having argued hundreds of cases in the appellate courts throughout Florida, including the Supreme Court of Florida. Ms. Edelstein is also admitted to practice law in Georgia, where she has handled several appeals.

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