Attorney, Amy Hemmingsen was successful in getting summary judgment granted on behalf of her retail client for a slip and fall. Plaintiff filed a motion to re-consider which was denied and then Appealed to l the 1st District Appellate court. The judgment was upheld by the Appellate court.
The Plaintiff, alleged that on May 20, 2013, she had slipped and fallen on water on the floor of the Defendant’s neighborhood retail store. The plaintiff claimed that the Defendant was negligent in their management and maintenance of the store by allowing water to remain on the floor or for allowing a freezer to leak water onto the floor. Plaintiff also alleged that Defendant was negligent for not having a written inspection policy for the store.
The Defendant claimed that it was not negligent, in their management and maintenance of the store and that there was no water on the floor, and that they had no knowledge of any water on the floor and the water was not placed on the floor by anything to do with the Defendant’s business.
The Court held that Plaintiff had failed to present evidentiary facts to support her negligence cause of action, as there was no evidence that any water was on the floor due to Defendant’s own negligence, nor was there any evidence that the Defendant had either constructive or action notice of any water on the floor. The court further found that the Defendant’s spill management policies were reasonable for the size of the store.
The Plaintiff claimed that as a result of her fall she sustained injuries other low back and ankle. The plaintiff treated with excessive chiropractic treatment and then graduated to various injections from a pain management physician and then ultimately had surgery for a herniated disc at L5-S1 over 2 years after the accident. The Plaintiff had prior L5-S1 surgery in 2005 and was a candidate for surgery for recurrent L5-S1 herniated disc in 2007. The Plaintiff claims that she had a bad recovery from the surgery and continued to complain of pain. The plaintiff’s medical bills were over $200,000.00.