Williams v. Harold L. Martin Distributing Co.

I believe that Williams failed to present substantial evidence indicating that the sidewalk, the curb, or the wheelchair ramp presented a hidden defect that she could not have discovered in the exercise of ordinary care. For that reason, I must respectfully dissent.

Because Williams was an invitee of the defendant Martin Distributing Company, that defendant’s duty was limited to giving Williams notice of hidden defects that were unknown to her and that could not have been discovered by her in the exercise of ordinary care. See Ex parte Mountain Top Indoor Flea Market, Inc., 699 So.2d 158, 161…