Brief Fact Summary. In a slip and fall case, the Circuit Court for Leon County (Florida) granted Cracker Barrell Restaurant (Appellee’s) motion for summary judgment, dismissing Deborah Thoma’s (Appellant’s) complaint. Appellant challenged the order.
Synopsis of Rule of Law. 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. 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 premises owner should have known the condition.
Issue. Was summary judgment proper where, in viewing the evidence in a light most favorable to the plaintiff, there existed a question as to whether employees exercised due diligence in maintaining the safety of the area in question?