Setting the Precedent: Rubenstein Law Overturns an Adverse Summary Judgment and Keeps the Courthouse Open for Injured Victims

MIAMI, June 13, 2023 — Rubenstein Law, P.A., a personal injury firm headquartered in Florida, announced today that the US Federal Court of Appeals overturned a summary judgment ruling for Walmart in favor of our client setting precedent in all future similarly situated Federal cases. This was the first known decision from the 11th Circuit on F.S. 768.0755 addressing the misinterpretation of the law in this area at the summary judgment stage and discusses the burden of the Plaintiff on proving notice.

Rubenstein Law’s client slipped in a Wal-Mart, fell to the ground, and injured her back and shoulder. The client slipped on a squished grape which had been there for some time causing the dangerous situation. The District Court granted summary judgment in Wal-Mart’s favor, determining that there was no genuine issue of material fact that Wal-Mart had actual or constructive knowledge of the grape before the accident, as required by Florida law.

Through thorough briefings and oral argument, it was proven through circumstantial evidence that the spill or substance was dirty, had tracks and footprints through it, showing that it was on the floor for a sufficient amount of time and dangerous to customers. Attorney Peter Hunt and Rubenstein Law’s appellate counsel, Phil Parrish of Parrish Appeals, P.A., led the litigation efforts. This resulted in the overturning of the summary judgment ruling as the Appellate Court found ample evidence that Wal-Mart should have known through constructive notice that the grape was on the floor, and they had ample time to remedy the dangerous condition that caused our client significant and permanent injuries. CCTV also video captured the incident. The Appellate Court painstakingly reviewed this video that commenced an hour prior to the fall. The Court agreed with the Plaintiff that the video did not show how the foreign transitory substance (the “grape”) got onto the floor in the hour preceding the fall, and that an inference that the grape was on the floor for longer than an hour was reasonable. The Court also agreed with the Plaintiff that numerous Wal-Mart employees were seen in the video in the area of the incident, but that none of them appeared to look at the ground in the area where the incident occurred. 

“This was a very meaningful case for us as big retail stores have gotten away with careless inspections for decades, causing dangerous conditions for customers,” Hunt said. “This decision will help ensure that injured people get their day in court, and that the large retailers cannot get away with filing motions citing no notice of the dangerous conditions as a means of absolving themselves of their responsibilities in the matter.”

Despite Wal-Mart’s attempt to hide behind the no notice statute, the 11th Circuit published the opinion, making it binding on all Federal slip and fall transitory substance cases. This was the first known decision from the 11th Circuit on F.S. 768.0755 which addresses the misinterpretation of the law in this area at the summary judgment stage, and the burdens on the Plaintiff on proving notice.

“For decades, we have been representing clients in a variety of matters like this one,” Rubenstein Law founder Robert Rubenstein said. “We hope that this decision will lead to meaningful change, and that retailers will be more mindful with inspections, add the required safety mats in areas where food and liquids might fall, and invest in more detailed measures that will help prevent significant injuries like the ones many of our clients face.”

About Rubenstein Law 
Rubenstein Law has been getting justice for personal injury victims since 1988. Today, Rubenstein Law is recognized as a premier name in personal injury, representing clients in a variety of matters, including auto injuries, slip and fall injuries, catastrophic injuries, premise liability, medical malpractice, child & birth injury, motorcycle accident cases, and traumatic brain injury (TBI) cases. Rubenstein Law’s Mass Tort division represents clients nationwide in defective products, dangerous drugs, and chemical cases. 

Media Contact: 
Katie Amor 
Chief Creative Officer 
Rubenstein Law 
katie@rubensteinlaw.com