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Kirk v. TJ Palm Beach Associates Ltd. Partnership
Citations: 976 So. 2d 694; 2008 Fla. App. LEXIS 3875; 2008 WL 724150Docket: No. 4D07-1262
Court: District Court of Appeal of Florida; March 19, 2008; Florida; State Appellate Court
Plaintiff sustained injuries while working for a sign company due to a ladder slipping on a floor that was allegedly slippery. Both parties acknowledged the plaintiff's status as a business invitee. The trial court granted the defendant's motion for summary judgment, asserting that the plaintiff failed to provide evidence demonstrating that the defendant breached a duty of care. However, the appellate court found that the trial court misapplied the burden of proof, which rested on the defendant to definitively show no genuine issues of material fact regarding the floor's slipperiness. The court noted that the defendant did not meet this burden. Although the jury could infer that both the plaintiff and the defendant were aware of the slippery condition, this consideration of knowledge pertains to comparative negligence rather than a lack of duty. The appellate court reversed the trial court's decision, with Judges Klein, Hazouri, and Damoorgian concurring.