Saalfield Shad, P.A. is pleased to recognize Blake Cole and Hayley Crosby for obtaining final summary judgment on behalf of a national travel center client in a premises liability lawsuit filed in Central Florida. Plaintiff alleged that he was injured after stepping off what he believed to be a handicap ramp, but which was in fact a painted curb. He claimed that the transition area had been negligently painted in a way that created an “optical illusion” masking the change in elevation.
The team moved for summary judgment on multiple grounds. Their retained, licensed engineer confirmed that the curb ramp and its flared sides were properly designed and fully compliant with the 2014 Florida Building Code and applicable FDOT design standards, with contrasting stained concrete at the elevation change providing adequate visual cues. They also argued Florida courts have long held that ordinary curbs, ramps and similar elevation changes are open and obvious conditions that do not become “dangerous” merely because of paint or color variation. Plaintiff’s own deposition testimony confirmed there was no defect or obstruction on the walking surface, only that he was carrying multiple items and not watching his footing at the time of the incident, making his own inattention the sole proximate cause of the fall. They further challenged the reliability of both of Plaintiff’s retained experts through detailed deposition testimony, establishing that neither could tie their opinions to any code provision actually adopted as mandatory Florida Law. The standards each presented were voluntary or inapplicable and the key opinions concerned conditions or locations Plaintiff had not encountered.
The Court agreed with Defendant on all points and entered final summary judgment in Defendant’s favor. This result reinforces the strength of the open and obvious doctrine in premises liability cases and the importance of rigorous expert vetting in defeating claims built on speculative theories of liability. 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, with extensive trial experience in state and federal courts and a reputation for proactive, personalized client service.
Disclaimer: Prior results achieved by Saalfield Shad, P.A. do not guarantee a similar outcome for other clients.