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Prescott v. Colonial Properties Trust Inc.

The property owner's cleaning contractor had no independent duty to inspect the premises where the plaintiff slipped and fell.

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In this slip and fall case, Linda Prescott appeals the grant of summary judgment in favor of Colonial Properties Trust, Inc. “Colonial” and Micro Management Systems, Inc. “Micro”, contending that material issues of fact exist as to whether the defendants had constructive knowledge of the hazard that caused her to slip and fall. For the reasons that follow, we affirm in part and reverse in part. We review the trial court’s grant of summary judgment de novo to determine if the evidence demonstrates any genuine issue of material fact. To prevail, the moving party must demonstrate that there are no genuine issues of any material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, support judgment as a matter of law. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. Footnotes and punctuation omitted. Shepard v. Winn Dixie Stores .1 So viewed, the record shows that while Prescott was walking in the common area of a mall owned by Colonial, she was injured when she slipped on a wet substance and fell on the tile floor. Shortly after she fell, a janitor was called to clean the substance up, and Prescott was thereafter taken to the hospital where she was treated for her injuries.

Prescott sued Colonial the mall owner, Micro Colonial’s cleaning contractor, and another contractor whom Prescott never served. After deposing Prescott, Colonial and Micro moved for summary judgment on the ground that Prescott had not shown that the defendants had superior knowledge of the wet spot. The trial court granted both motions, giving rise to this appeal.

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