Thomas Brookie v. Winn-Dixie Stores, Inc. and The Lewis Bear Company

As the majority opinion correctly notes, a business owner owes two “separate and distinct” duties to business invitees. (Maj. Op. 1130-31). See also Grimes v. Family Dollar Stores of Florida, Inc., 194 So.3d *1138424 (Fla. 3d DCA 2016). I agree that the presence of the pallets and pallet jack was open and obvious such that there was no duty- to warn, since they were not inherently dangerous. See Upton v. Rouse’s Enterprise, LLC, 186 So.3d 1195, 1202 (La. Ct. App. 2016) (explaining “a pallet does not inherently pose an unreasonable risk of harm.”). I therefore agree that summary judgment was…