Kelley Kronenberg Partner and Business Unit Leader Aaron Neifeld and Practice Partner Allison Pedlar secured a directed verdict at trial on behalf of the defendant in a premises liability case presenting more than $2 million in exposure.  

The plaintiff, a delivery driver, alleged she fell on a cracked driveway at the defendant’s business property while returning to her vehicle after completing a delivery. The case proceeded to jury trial, and after the close of the plaintiff’s case in chief, Aaron and Allison moved for directed verdict.  

The Court granted the motion on three independent grounds. First, the plaintiff failed to establish that the defendant had actual or constructive notice of the alleged crack. No evidence was presented as to when the crack first appeared, how long it had existed, whether the defendant had ever been notified of it, or whether a reasonable inspection would have revealed it. The plaintiff also presented no evidence regarding the size, shape, or dimensions of the crack from which a jury could reasonably infer it constituted a dangerous condition that existed for a sufficient period of time to charge the defendant with constructive notice. 

Second, the plaintiff failed to establish that the crack caused her fall. Critically, the plaintiff testified under oath that she did not trip and did not slip. Her own testimony was that she simply fell, with no explanation connecting the alleged defect to the incident.  

Third, the plaintiff presented no treating physicians and no retained medical experts, leaving no competent evidence to connect the incident to her claimed injuries. Under Florida law, medical causation for injuries not readily observable requires expert testimony, and none was offered. 

The Court found that viewing all evidence in the light most favorable to the plaintiff, she had failed to establish multiple essential elements of her negligence claim, and directed verdict in the defendant’s favor was required as a matter of law.  

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