DeLeon v. Dollar Tree Stores, Inc.

• Decision Date: 04 September 2012
• Docket Number: No. 4D11–2425.,4D11–2425.
• Citation: 98 So.3d 96
• Court: Florida District Court of Appeals
• Parties: Julissa DeLEON, Appellant, v. DOLLAR TREE STORES, INC., Appellee.

98 So.3d 96

Julissa DeLEON, Appellant,
v.
DOLLAR TREE STORES, INC., Appellee.

No. 4D11–2425.

District Court of Appeal of Florida,
Fourth District.

July 12, 2012.
Rehearing Denied Sept. 4, 2012.

Elliot B. Kula and Daniel M. Samson of Kula & Samson, LLP, Aventura, and

[98 So.3d 97]

Daniel W. Courtney of Daniel W. Courtney, P.A., Miami, for appellant.

Sheridan K. Weissenborn of Miller, Kagan, Rodriguez & Silver, PL, Coral Gables, for appellee.

CIKLIN, J.

Julissa DeLeon, the plaintiff below, appeals from the trial court's entry of summary judgment in favor of Dollar Tree Stores, Inc., the defendant below. DeLeon sued Dollar Tree for injuries she suffered when she tripped over a shopping basket which was on the floor behind her in a checkout line. She accused Dollar Tree of negligence in failing to keep the store reasonably safe and failing to warn her about the shopping basket. Upon reviewing the record, we find that genuine issues of material fact existed, and we therefore reverse the trial court's entry of summary judgment against DeLeon.

Because this is an appeal of a summary judgment, we recite the facts in the light most favorable to DeLeon, the non-moving party. See Burton v. MDC PGA Plaza Corp., 78 So.3d 732, 733 (Fla. 4th DCA 2012) (“When reviewing a ruling on summary judgment, an appellate court must examine the record in the light most favorable to the non-moving party.” (quotation marks and citation omitted)). Shopping after work, DeLeon went to a Dollar Tree store to purchase a few items. She approached the one open checkout line where two customers were ahead of her. The person at the front of the line was causing a delay because she was using coupons. At some point while DeLeon waited in line, a woman who was talking on a cell phone got in line behind her. Eventually a neighboring register opened up and the cashier at that register pointed to DeLeon and told her to come to the newly opened register. At first DeLeon declined and stayed in line, but the new cashier insisted, so DeLeon gathered her items, turned to walk to the neighboring register, and tripped over a shopping basket that was on the floor behind her. DeLeon fell on the floor and injured herself.

DeLeon did not recall who put the shopping basket on the floor behind her or if it was already there when she first entered the line. The floor was not wet or slippery.

An assistant manager and two other employees were working at the Dollar Tree store during the evening of the incident. It was the employees' duty to ensure that the store was kept clean and clear of obstacles on the...