Rogers v. Besthoff

BARFIELD, Judge.

The plaintiffs deposition testimony demonstrates that she cannot prove an element necessary to succeed in her negligence action against the drug store: that the hazardous condition which caused her fall was created by a store employee, or that the store knew of the existence of the hazardous condition, or that the hazardous condition had existed for a sufficient length of time prior to her fall that the store should have known of its existence. Summary judgment was therefore proper. See Food Fair Stores of Florida, Inc. v. Patty, 109 So.2d 5 (Fla.1959); Connolly v. Sebeco,…