William G. Hyland Jr. (Deland, FL) (Appellate) previously brought a successful Motion for Summary Judgment in this matter, which involved a slip and fall accident that occurred on January 15, 2015 at the convenience store owned by the Defendant, Wawa, Inc. Plaintiff alleged that “she tripped and/or slipped on a transitory foreign substance or surface of Wawa’s parking lot and fell.” We moved for Final Summary Judgment arguing that this case presented no dispute of material facts. The rain water which caused Plaintiff to slip and fall was not an unreasonably dangerous condition which Wawa should have or could have removed or cleaned up. The rainwater was an open and obvious condition, which was just as apparent to the plaintiff as it was to the Defendant. The rainwater did not present an unreasonable hazard to the plaintiff or other invitees shopping at Defendants’ premises. The trial court held that Wawa was entitled to Summary Judgment and entered an order as such, they granted Final Summary Judgment for Wawa, and the Plaintiff appealed.
Appellate Update: The Fifth Circuit Court of Appeal upheld the Defendant’s Motion for Summary Judgment Order, per curiam on 2/1/2022.