Troya v. Miami Beach Health Care Group, Inc.

SCHWARTZ, Chief Judge.

After visiting a friend at the Miami Heart Institute, Ms. Troya slipped, fell and was injured as she was leaving the patient’s room. According to the plaintiffs deposition, as soon as she fell, an otherwise unidentified hospital employee exclaimed that there had been “too much wax” on the floor. On the ground that this statement was alone sufficient to create an issue as to the defendant’s liability for the fall, we reverse a summary judgment entered below for the hospital.

The decided cases clearly establish that the statement about the excess wax1 was admissible as a…