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Mucyo v. Publix Super Markets Inc.

The defendant did not have constructive knowledge of the clear substance on which the plaintiff slipped and fell while shopping at the defendant's grocery store.

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Chantal Mucyo filed a complaint against Publix Super Markets, Inc. in which she alleged that Publix’ negligence resulted in injuries she sustained when she fell inside one of its stores. Mucyo appeals the trial court’s grant of summary judgment in favor of Publix, alleging that Publix had constructive knowledge of the foreign substance on its floor that caused her to fall. For the reasons set forth below, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.2

So viewed, the record shows that on August 5, 2008, Mucyo went to a Publix store with her five-year-old daughter, Grace, and a woman named Ariane. After Mucyo and Ariane selected a few items, Ariane and Grace waited at the front of the store with the shopping cart while Mucyo picked up two 12-packs of Coca-Cola from the soda aisle. As Mucyo walked toward the front of the store, she slipped, dropped the drinks, and fell onto the floor. The fall resulted in injuries to Mucyo’s knees, back, shoulder, elbow, and wrists.

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