Thoma v. Cracker Barrel Old Country Store, INC. (1995)
649 So. 2d 277
Procedural History
• Appellant challenged an order from the Circuit Court for Leon County (Florida), in which the court granted appellee’s motion for summary judgment dismissing appellant’s slip and fall complaint.
Facts
• Appellant brought suit against appellee seeking to recover for injuries she sustained in a slip and fall. Appellee filed a motion for summary judgment, which was granted, and appellant challenged that order.
Rule
• To recover for injuries incurred in a slip and fall accident, plaintiff must show that the premises owner either created a dangerous condition or had actual or constructive knowledge of a dangerous condition.
Application
• Notice of a dangerous condition may be established by circumstantial evidence, such as evidence leading to an inference that a substance has been on the floor for a sufficient length of time such that in the exercise of reasonable care the condition should have become known to the premises owner.
Holding
• The appeals court reversed the grant of summary judgment in appellee’s favor on appellant’s complaint for negligence. The appeals court held that it was for a jury to decide whether appellant could establish by a preponderance of the evidence that appellee created a dangerous condition in its establishment
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649 So. 2d 277
Procedural History
• Appellant challenged an order from the Circuit Court for Leon County (Florida), in which the court granted appellee’s motion for summary judgment dismissing appellant’s slip and fall complaint.
Facts
• Appellant brought suit against appellee seeking to recover for injuries she sustained in a slip and fall. Appellee filed a motion for summary judgment, which was granted, and appellant challenged that order.
Rule
• To recover for injuries incurred in a slip and fall accident, plaintiff must show that the premises owner either created a dangerous condition or had actual or constructive knowledge of a dangerous condition.
Application
• Notice of a dangerous condition may be established by circumstantial evidence, such as evidence leading to an inference that a substance has been on the floor for a sufficient length of time such that in the exercise of reasonable care the condition should have become known to the premises owner.
Holding
• The appeals court reversed the grant of summary judgment in appellee’s favor on appellant’s complaint for negligence. The appeals court held that it was for a jury to decide whether appellant could establish by a preponderance of the evidence that appellee created a dangerous condition in its establishment
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