Speedway, LLC v. Cevallos

Summary

The Florida Fourth District Court of Appeal reversed a final judgment awarding damages to Gloria Cevallos after she slipped and fell at a Speedway gas station. The court held that Cevallos failed to prove that Speedway had constructive knowledge of a dangerous condition because the gasoline puddle had been present for only 111 seconds and the evidence did not establish the existence of actionable buildup or recurring conditions. The case was remanded for vacation of the final judgment and entry of judgment for Speedway.

Holdings

1. Cevallos did not establish constructive knowledge through the length of time the liquid was on the floor because the puddle existed for only 111 seconds before the fall.
2. The evidence did not establish that buildup existed at the location and time of Cevallos's fall, that it created a slippery condition, or that it contributed to the fall. Ambiguous photographs could not support the necessary inferences, and Cevallos could not build an inference upon another inference to establish constructive knowledge and negligence.
3. The trial court erred in denying Speedway's motion for directed verdict because Cevallos failed to prove the elements required by section 768.0755.

Questions Presented

1. Whether the trial court erred in denying Speedway's motion for directed verdict because Cevallos failed to prove that Speedway had actual or constructive knowledge of the dangerous condition under section 768.0755, Florida Statutes (2016).
2. Whether ambiguous photographs and circumstantial evidence could establish the existence, duration, and causation of alleged concrete buildup without impermissibly stacking inferences.

Disposition

reversed_and_remanded