JOSEPH BIEN-AIME, APPELLANT,
v.
MIAMI-DADE COUNTY, APPELLEE
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The court held that the Florida Supreme Court's decision in Owens v. Publix Supermarkets, Inc. applies to slip-and-fall cases involving transitory foreign substances on business premises, not just food service establishments.
Joseph Bien-Aime appealed an adverse summary judgment in his slip-and-fall lawsuit against Miami-Dade County after slipping on a banana peel at Miami …
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PER CURIAM.
Joseph Bien-Aime appeals an adverse summary judgment in his lawsuit against Miami-Dade County for a slip-and-fall on a banana peel in a restroom at Miami International Airport. While the appeal was pending, the Florida Supreme Court announced Owens v. Publix Supermarkets, Inc., 802 So. 2d 815 (Fla.2001). We reverse the summary judgment and remand for further proceedings in light of Owens.
Miami-Dade County argues that the Owens decision applies only to food service establishments. We disagree. The Owens opinion states that it applies “to slip-and-fall cases in business premises involving transitory foreign substances.” Id. at 381.
We also point out that the 2002 Legislature passed Senate Bill 1946, which ere- ates section 768.0710, Florida Statutes. Assuming that the bill is signed by the Governor or becomes law without his signature, it contains statutory provisions relating to premises liability, and is intended to apply to pending cases.
Reversed and remanded for further proceedings consistent herewith.
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D'Aquisto v. Costco Wholesale Corp., 816 So. 2d 1231 (Fla. 5th DCA 2002)…e of persuasion is required by the substantive law of the case.” Id. at 331 n. 10 (citations omitted, emphasis added). . If not explicitly, other Florida courts have implicitly reached the same conclusion. See, e.g., Bien-Aime v. Miami Dade County, 816 So. 2d 1176 (Fla. 3d DCA 2002) (reversing and remanding summary judgment in slip-and-fall lawsuit in light of Owens which was announced while appeal was pending). Whitworth v. Wal-Mart Stores, Inc., 805 So. 2d 1106 (Fla. 1st DCA 2002) (reversing and remanding s…
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Renita West v. Wal-Mart Stores, Inc., 825 So. 2d 507 (Fla. 1st DCA 2002)…er the case shall be governed by Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla.2001) or section 768.0710, Florida Statutes (2002). See Whitworth v. Wal-Mart Stores, Inc., 805 So. 2d 1106 (Fla. 1st DCA 2002); Bien-Aime v. Miami-Dade County, 816 So. 2d 1176 (Fla. 3d DCA 2002); D'Aquisto v. Costco Wholesale Corp., 816 So. 2d 1231 (Fla. 5th DCA 2002); Walker v. Winn-Dixie Stores, Inc., 821 So. 2d 335 (Fla. 5th DCA 2002). REVERSED and REMANDED for further proceedings consistent with this opinion. ERVI…
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