Whitworth v. Wal-Mart Stores, Inc.

In this slip and fall action, the trial court granted Appellee Wal-Mart’s motion for summary judgment based on the nonexistence of any genuine issue of material fact that Wal-Mart had actual or constructive notice of a dangerous condition. The trial court did not have the benefit of the Florida Supreme Court’s recent holding in Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla.2001),

that the existence of a foreign substance on the floor of a business premises that causes a customer to fall and be injured is not a safe condition and the existence of that unsafe condition creates a…