final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Thomas
J. Rebull, Judge. Lower Tribunal No. 15-12095
& Associates, Elliot B. Kula, W. Aaron Daniel, and
William D. Mueller, for appellant.
Kronenberg, Harold S. Stevens, and Jason E. Handin (Fort
Lauderdale), for appellee.
ROTHENBERG, C.J., and SCALES and LUCK, JJ.
Lago slipped on a liquid substance and fell and broke her
knee as she was walking into a Costco Wholesale Corporation
store in Miami. The fall resulted in Lago's lawsuit
against Costco for negligent maintenance of its property.
Lago appeals the trial court's order granting summary
judgment in favor of Costco, and we affirm because there was
no genuine dispute of material fact about Costco's
knowledge of the liquid substance on its entranceway floor.
and Procedural History
March 7, 2015, Lago's neighbor invited Lago to accompany
her to Costco at 13450 Southwest 120th Street, in Miami. Lago
had never been to Costco before. When they arrived, the
neighbor went to get a shopping cart and Lago started to walk
towards the entrance. As she walked, Lago felt her right leg
go out from under her and she fell on her left
knee. Lago screamed in pain and a crowd
surrounded her. A Costco employee helped Lago up and sat her
near the entrance until an ambulance came to take her to the
sued Costco for the injuries she suffered from the fall. Lago
alleged that she fell on a slippery liquid substance, and it
was Costco's duty as a business owner to make sure there
was nothing on its floor that could cause invitees like Lago
to hurt themselves.
moved for summary judgment because there was no genuine issue
of material fact about the company's actual or
constructive knowledge of the slippery liquid substance. The
trial court granted Costco's motion, and entered summary
judgment in favor of the company. This appeal followed.
Our standard in reviewing the trial court's summary
judgment order is de novo. In evaluating the trial
court's order, we must determine if the record evidence
presented to the trial court shows there is no genuine
dispute regarding the material facts. We view the ...