Draft Complaint Based on Following Facts:

On March 12th, 2017 our client ,Phil barney was shopping at the Winn Pride Grocery store located at 2700 W. Granada Boulevard in Ormond Beach, Florida. The Winn Pride store is owned and operated by Winn Pride Store Systems, Inc. Winn Pride Store Systems, Inc. is a Florida Corporation based in East Palatka Florida. Phillip Barney is a Florida resident and lives in Daytona Beach.

Barney was walking down the produce aisle of the store when he slipped and fell on a slippery substance on the floor. Barney could not identify the substance, but he thought it might be smashed grape residue. Due to the fall, Barney suffered severe injuries. These injuries included contusions to Barney's left leg, a fractured left wrist, soreness to his ribs, post-traumatic pain in his left shoulder, anxiety, and other injuries including soft tissue injuries. As a result of the fall and these injuries, Barney incurred medical expenses, missed three (3) weeks of work, was deeply embarrassed and his overall health and vitality have been greatly impaired. Barney estimates that his damages amount to $375,000. Barney suspects that Winn Pride failed to maintain the store in a good and safe condition, and failed to properly inspect the shopping aisles in the store. Mr. Barney wishes to file a civil complaint against Winn Pride seeking payment for his losses and damage.

Additional Facts:

You work at the firm of:

Law firm

200 W. International Speedway Boulevard

Daytona Beach, FL 32114

(386) 506-3202

FAX: (386) 505-1234

Your supervising attorney is:

Mr. Griffindore

Opposing Counsel:

Perry Mason

Huntley, Kirbridge & Dillon

165 Eaton Place

Winter Park, FL 32789

(407) 238-3855

Our Client:

Phil Barney

1200 West Pelican Drive

Daytona Beach, FL 32119

Authorities:

• Winn-Dixie Stores, Inc. v. Marcotte, 553 So. 2d 213 (Fla. 5th DCA 1989)
• Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001)
• Colon v. Outback Steakhouse of Florida, 721 So. 2d 769 (Fla. 3d DCA 1998)
• Williams v. Sears, Roebuck & Co., 866 So. 2d 122 (Fla. 4th DCA 2004)
• Pittman v. Volusia County, 380 So. 2d 1192 (Fla. 5th DCA 1980)
• Dampier v. Morgan Tire & Auto, LLC, 82 So. 3d 204 (Fla. 5th DCA 2012)
• Aaron v. Palatka Mall, LLC, 908 So. 2d 574 (Fla. 5th DCA 2005)
• Sinfort v. Food Lion, LLC, 908 So. 2d 521 (Fla. 5th DCA 2005)
• Delgado v. Laundromax, Inc., 65 So. 3d 1087 (Fla. 3d 2011)

-almost all of these cases highlight the importance of evidence and how the burden of proof is on the plaintiff to establish constructive knowledge

however, this case: https://caselaw.findlaw.com/court/us-11th-circuit/2195199.html

Sutton v. Wal-Mart Stores E., No. 22-10162 (11^th Cir. Mar. 31, 2023) has a similar fact pattern

• 768.0755, Fla. Stat. states: 768.0755Premises liability for transitory foreign substances in a business establishment.(1)If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:(a)The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or(b)The condition occurred with regularity and was therefore foreseeable.(2)This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.