Saalfield Shad, P.A. is pleased to recognize Joseph B. Stokes, III and Angelica Inclan Lynch for securing an appellate affirmance of a final summary judgment on behalf of their client. Florida’s Fifth District Court of Appeal upheld the trial court’s ruling in a premises liability action arising from a slip and fall in a Jacksonville shopping center parking lot.
The plaintiff alleged that he slipped on painted pavement markings that he claimed had become “unreasonably slick”. The defense moved for summary judgment supported by expert testimony that the painted surface was slip resistant and safe to walk on in both wet and dry conditions. The plaintiff offered no expert testimony of his own, relying instead on the argument that the paint was worn and must therefore have been slippery, along with an unrelated fall in a different area of the parking lot. The trial court found this evidence amounted to impermissible inference stacking. It was also determined that the plaintiff failed to show the defendant knew or should have known of any dangerous condition. Final summary judgment was entered on all claims, and the appellate court affirmed this ruling.
The result underscores the impact of Florida’s adoption of the federal summary judgment standard: conclusory allegations and stacked inferences will not defeat a well-supported motion backed by objective, unrebutted expert evidence. It also reaffirms that negligence may not be inferred from the mere happening of an accident and that notice of an alleged dangerous condition remains an essential element of a premises liability claim.
As an independent, Jacksonville-based civil litigation law firm, the attorneys at Saalfield Shad, P.A. have represented self-insured entities and insurance companies in North Florida for decades. The firm’s lawyers have extensive trial experience in state and federal courts, exceptional litigation skills, and diversified practices. With deep local ties in the community, they have built a reputation for successful representation, proactive and personalized counsel, and outstanding client service.
Disclaimer: Prior results achieved by Saalfield Shad, P.A. do not guarantee a similar outcome for other clients.