Grimes v. Family Dollar Stores of Florida, Inc.
194 So. 3d 424
Fla. Dist. Ct. App.2016Background
- Patricia Grimes tripped on a short steel re-bar protruding from a landscaped area in a mall parking lot while walking to Family Dollar and injured her knee.
- The mall property is owned by the Marguerite M. Larsen Trust; AFM Group is the long‑term lessee and both hired landscapers/maintenance contractors; Family Dollar is a tenant.
- The landscaped area contained grass/dirt and curbed borders; photographic evidence showed a well‑worn dirt footpath through the landscaped area directly in front of Family Dollar.
- Grimes sued Family Dollar, the Trust, and AFM for negligence, alleging failure to maintain the premises, failure to correct a dangerous condition, and failure to warn invitees.
- The trial court granted summary judgment to all defendants relying on precedent holding no duty where invitees traverse areas not designed for walking; the Fifth District reversed in part.
- The appellate court affirmed summary judgment as to Family Dollar (no control/maintenance), but reversed as to the Trust and AFM, finding genuine issues of material fact—especially about constructive notice and whether the hazard was open and obvious—precluding summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to maintain/anticipate harm from a man‑made hazard in a landscaped area | Grimes: defendants had duty because the landscaped area had become a habitual, well‑trammeled footpath used by invitees | Defendants: no duty because landscaped areas are not designed for walking and hazards there are open and obvious | Reversed for Trust and AFM: triable issues whether footpath was habitual and defendants had constructive notice, so duty to maintain could apply |
| Duty to warn of latent danger vs. open‑and‑obvious doctrine | Grimes: re‑bar was a not‑so‑obvious man‑made hazard; duty to warn remains if condition not discoverable by invitee | Defendants: hazard was in a planted area and open/observable; no duty to warn | Court: open/obvious may negate duty to warn, but does not discharge duty to maintain; factual dispute exists regarding obviousness and foreseeability |
| Constructive notice (length of time condition existed) | Grimes: photos and site evidence show long‑term footpath and placement of trash can suggesting notice | Defendants: no evidence of sufficient duration to charge them with constructive knowledge | Court: photographic and circumstantial evidence create inference sufficient for jury on constructive notice—summary judgment improper |
| Liability of tenant (Family Dollar) vs. owner/lessee (Trust/AFM) | Grimes: tenant benefitted from the shortcut and may share responsibility | Defendants/Tenant: Family Dollar did not control or maintain the lot/landscaping | Court: affirmed summary judgment for Family Dollar because record showed Trust/AFM had exclusive control/maintenance |
Key Cases Cited
- Wolf v. Sam’s East, Inc., 132 So. 3d 305 (Fla. 4th DCA 2014) (no liability where invitee cut through planted area and hazard was obvious)
- Dampier v. Morgan Tire & Auto, LLC, 82 So. 3d 204 (Fla. 5th DCA 2012) (no duty to warn for planting bed not intended for walking)
- City of Melbourne v. Dunn, 841 So. 2d 504 (Fla. 5th DCA 2003) (no duty to make planters safe for walking when not designed for that use)
- Taylor v. Universal City Prop. Mgt., 779 So. 2d 621 (Fla. 5th DCA 2001) (walking into planted area is hazard known to invitees)
- Aaron v. Palatka Mall, LLC, 908 So. 2d 574 (Fla. 5th DCA 2005) (obvious danger doctrine does not eliminate duty to maintain premises safely)
- Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st DCA 1991) (constructive notice requires condition to have existed long enough that owner should have known)
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985) (summary judgment in negligence cases disfavored unless facts are crystallized)
- Hannewacker v. City of Jacksonville Beach, 419 So. 2d 308 (Fla. 1st DCA 1982) (photographs can support inference about how long a defect existed)