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Gonzalez v. Tallahassee Medical Center, Inc.
Citations: 629 So. 2d 945; 1993 Fla. App. LEXIS 12149; 1993 WL 504491Docket: No. 92-2777
Court: District Court of Appeal of Florida; December 9, 1993; Florida; State Appellate Court
Nancy Gonzalez appeals a final summary judgment in a negligence case following her slip-and-fall accident at Tallahassee Community Hospital (TCH). The court reversed the judgment, determining that a triable issue exists regarding TCH's constructive knowledge of the liquid on the floor where Gonzalez fell. During the incident in the cafeteria, Gonzalez slipped on a substance she believed was either water, syrup, or Sprite, without seeing it beforehand. Her grandson witnessed the fall and noted that the liquid spread when pressed. He had been in the cafeteria shortly before the accident and had not observed anyone spill a liquid. The cafeteria cashier, who had a clear view of the area, claimed she continuously monitored the floor and saw no spills from 11:00 A.M. until the accident around noon. TCH claimed there was no genuine issue of material fact regarding its knowledge of the liquid, as it was conceded there was no actual notice. The summary judgment was contested under the principle that such judgments should be granted cautiously in negligence cases and only when no material facts are in dispute. Florida law dictates that property owners are not liable for injuries from dangerous conditions unless there is evidence of how long the condition existed or how it was created; however, liability may arise if a dangerous condition has been present long enough for the owner to have constructive knowledge. Constructive knowledge can be established by the duration a hazardous substance remains on the floor, implying that the defendant should have been aware of the danger through reasonable care. In Schaap v. Publix Supermarkets, Inc., it was indicated that circumstantial evidence could demonstrate the existence of a dangerous condition long enough for it to have been discovered. In the case at bar, Tallahassee Medical Center failed to prove that no genuine issue of material fact existed regarding the circumstances surrounding Gonzalez's fall. The evidence, including pleadings and affidavits, suggested that the substance causing the fall had been present long enough to imply TCH's knowledge of the hazard. The substance was identified ambiguously as water, syrup, or Sprite, and was substantial enough to spread upon impact. Additionally, Gonzalez's grandson had been in the cafeteria shortly before the incident without noticing a spill, allowing for reasonable inferences that the spill had been there long enough to have either partially evaporated or transformed. Such inferences could indicate that the hazardous condition existed for a sufficient duration, which is essential for establishing negligence. The court noted that, due to the complex nature of the facts surrounding the incident, issues of negligence are typically not suitable for summary judgment, leading to the reversal of the lower court's decision and remanding for further proceedings.