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SUMMARY JUDGMENT FOR DEFENDANT Premises Liability – Alleged failure to clean water from restroom of restaurant – Slip and fall – Hip fracture with surgery – Intracranial hemorrhaging.

Hillsborough County, FL

This was a premises liability action against the defendant restaurant after the plaintiff slipped and fell on the premises. The plaintiff claimed that the defendant allowed a dangerous condition in its restroom, in the form of water on the floor. The defendant denied negligence, and maintained that it had no notice of the dangerous condition.

At the time of the accident, the plaintiff suffered from Parkinson’s disease, Alzheimer’s disease, and dementia, and was not able to testify as to the cause of his fall. He was diagnosed with a fractured hip, which required hip replacement surgery, as well as intracranial hemorrhaging as a result of the incident.

The defendant relied on Florida Statute §________.________, and argued that the plaintiff was unable to prove that it had actual or constructive notice of the water on the restaurant floor. The defense maintained that there was no testimony or evidence in the record to support the plaintiff’s allegations.The court granted the defendant’s motion for summary judgment.

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