Saalfield Shad, P.A. recognized Blake Cole and Hayley Crosby for obtaining a Final Summary Judgment on behalf of their client. This favorable outcome and corresponding case arose from a June 2024 incident at a Travel Stop in Polk City, Florida where Plaintiff alleged she was injured while attempting to move a wheeled trash receptacle she claimed was blocking a pedestrian pathway. The Amended Complaint advanced a single theory of liability: that the Defendant negligently placed the receptacle as an obstruction, causing Plaintiff to fall while attempting to move it.
The team moved for summary judgment on several grounds. First, Plaintiff’s own sworn deposition testimony directly negated the only theory she had pleaded. While under oath she admitted she fell before ever making contact with the receptacle and attributed her fall to grease on the ground or a defect in the concrete, not to the trash can as an obstruction. Second, the trash receptacle was an open and obvious condition that Plaintiff had admittedly observed from a distance, assessed, and chose to approach despite an available alternative path. Third, any attempt to recast the claim as a slip-and-fall on a transitory foreign substance was barred because that theory was never pleaded — and would have independently failed under Section 768.0755, Florida Statutes, for lack of evidence of actual or constructive knowledge. Final judgment was entered in favor of Defendant on all counts.
This decision represents a crucial win for the firm, reinforcing the importance of pleading precision in negligence cases and the strength of open and obvious defenses in premises liability matters. 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.