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Lynch v. Target Stores

District Court of Appeal of Florida, Fourth District
Aug 1, 2001
790 So. 2d 1193 (Fla. Dist. Ct. App. 2001)

Summary

In Lynch v. Target Stores, 790 So.2d 1193 (Fla. 4th DCA 2001), this court reversed a summary judgment based on the issue of constructive knowledge.

Summary of this case from Mashni v. LaSalle Partners Mgmt

Opinion

Case No. 4D01-474

Opinion filed August 1, 2001

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 98-019543-CA-CE 09.

Troy J. Iannucci of Latour Associates, P.A., Tarpon Springs, for appellants.

James G. Salerno and Adam G. Rabinowitz of Peterson, Bernard, Vandenberg, Zei, Geisler Martin, Fort Lauderdale, for appellee.


In this slip and fall case the court entered summary judgment for the store owner. We reverse.

The summary judgment does not state the basis upon which it was entered but the motion and the briefs on this appeal focus upon evidence as to the length of time the substance had been on the floor prior to plaintiff's slip and fall.

Appellant Freeda Lynch slipped and fell on a creamy substance on the floor of appellee's store. She alleged that such substance constituted a dangerous condition of which the defendant had constructive knowledge. Plaintiff's affidavit stated that for a period of fifteen minutes she and her daughter had been shopping in the cosmetics area, within view of the nearby area where she subsequently fell. During that fifteen minutes no other customers, and no Target employees, entered or exited the area where the fall occurred. The facts, viewed most favorably to the plaintiff, support a reasonable inference that the foreign substance had been on the floor for a minimum of fifteen minutes. Whether that is sufficient time in which appellee should have become aware of this condition is for the trier of fact. See Montgomery v. Fla. Jitney Jungle Stores, Inc., 281 So.2d 302 (Fla. 1973); Little v. Publix Supermarkets, Inc., 234 So.2d 132 (Fla. 4th DCA 1970).

REVERSED AND REMANDED.

DELL, TAYLOR, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.


Summaries of

Lynch v. Target Stores

District Court of Appeal of Florida, Fourth District
Aug 1, 2001
790 So. 2d 1193 (Fla. Dist. Ct. App. 2001)

In Lynch v. Target Stores, 790 So.2d 1193 (Fla. 4th DCA 2001), this court reversed a summary judgment based on the issue of constructive knowledge.

Summary of this case from Mashni v. LaSalle Partners Mgmt
Case details for

Lynch v. Target Stores

Case Details

Full title:FREEDA LYNCH and JOHN LYNCH, her husband, Appellants, v. TARGET STORES, a…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 1, 2001

Citations

790 So. 2d 1193 (Fla. Dist. Ct. App. 2001)

Citing Cases

Mashni v. LaSalle Partners Mgmt

See also Colon v. Outback Steakhouse of Fla., Inc., 721 So.2d 769, 771 (Fla. 3d DCA 1998) (holding that…