Florida Law Weekly – March 29, 2019
Cruz v. Wal-Mart – 4th DCA
In this premises liability case, the Court reversed the Trial Court’s Order granting summary judgment in favor of Wal-Mart. The plaintiff, a 72-year-old man, tripped on a raised manhole cover and fell in a Wal-Mart parking lot at night, sustaining serious head trauma. .In doing so, the Court rejected the theories that there was no liability because: 1) the manhole was inspected and approved by government agencies; 2) the accident was not foreseeable because there were no prior similar events; and 3) the manhole was an open and obvious danger, negating any duty to warn. Ultimately, the Court found that issues of fact remained precluding summary judgment.