Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lago v. Costco Wholesale Corp.

Florida Court of Appeals, Third District

December 13, 2017

Blanca Lago, Appellant,
v.
Costco Wholesale Corporation, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Lower Tribunal No. 15-12095

          Kula & Associates, Elliot B. Kula, W. Aaron Daniel, and William D. Mueller, for appellant.

          Kelley Kronenberg, Harold S. Stevens, and Jason E. Handin (Fort Lauderdale), for appellee.

          Before ROTHENBERG, C.J., and SCALES and LUCK, JJ.

          LUCK, J.

         Blanca 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. Factual

         Background and Procedural History

         On 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.[1] 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 hospital.

         Lago 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.

         Costco 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.

         Standard of Review

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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.