From Casetext: Smarter Legal Research

Smith v. Winn Dixie Stores, Inc.

District Court of Appeal of Florida, Third District
Jul 26, 1988
528 So. 2d 987 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2583.

July 26, 1988.

Appeal from the Circuit Court, Dade County, Joseph P. Farina, J.

Proenza, White Huck and William J. Howell, Jr. and H. Mark Vieth, Miami, for appellants.

Richard N. Blank, Fort Lauderdale, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


We affirm the summary judgment for the defendant, Winn Dixie Stores, Inc., because there is no evidence as to the length of time the "green leafy substance" upon which the plaintiff allegedly slipped was on the floor, and, as this court has observed, "the fact that there is no inspection for a given length of time in itself provides no proof that the defect was actually there for a sufficient period to place the landowner on reasonable notice of its existence." McCanick v. W.J.A. Realty Limited Partnership, 516 So.2d 1129, 1130 n. 1 (Fla. 3d DCA 1987).

Affirmed.


Summaries of

Smith v. Winn Dixie Stores, Inc.

District Court of Appeal of Florida, Third District
Jul 26, 1988
528 So. 2d 987 (Fla. Dist. Ct. App. 1988)
Case details for

Smith v. Winn Dixie Stores, Inc.

Case Details

Full title:ROSA SMITH AND COLUMBUS SMITH, APPELLANTS, v. WINN DIXIE STORES, INC.…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 26, 1988

Citations

528 So. 2d 987 (Fla. Dist. Ct. App. 1988)

Citing Cases

Wal-Mart Stores, Inc. v. King

However, the courts have held the fact there was no inspection for a given length of time in itself provides…

Vazquez v. Xtra Super Food Centers, Inc.

We conclude that the trial court correctly entered summary judgment, as the undisputed facts do not show…