PAREDES
v.
WHOLE FOODS MARKET GROUP

Fla. 3d DCA | 2018-05-30
No. 17-1290
245 So. 3d 1008 Florida District Court of Appeal, Third District (2018) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A genuine issue of material fact exists regarding whether Whole Foods had constructive knowledge of a transitory substance on its floor that caused plaintiff's fall, precluding summary judgment on that issue.


Headnotes

[1] In a premises liability case involving a transitory substance, a genuine issue of material fact regarding the property owner's constructive knowledge of the dangerous con…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Martha Paredes fell at a Whole Foods store allegedly on a transitory substance. Whole Foods moved for summary judgment, and plaintiffs also sought a n…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

PER CURIAM.

Appellants, plaintiffs below, Martha Paredes and Jose Antonio Paza, appeal a final summary judgment entered in favor of Whole Foods Market Group, Inc. Because the record reveals the existence of genuine issues of material fact on the issue, we reverse the portion of the summary judgment that found Whole Foods had no constructive knowledge of an alleged transitory substance upon which Ms.

Paredes fell while shopping at Whole Foods. We affirm, however, the trial court’s denial of appellants’ requested negative inference instruction based on appellants’ spoliation of evidence claim.

Affirmed in part, reversed in part, remanded for further proceedings.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Full citator, related cases, and AI research tools

Open in FLexlaw