TANIA MEDINA
v.
CASINO MIAMI, LLC, ETC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A plaintiff in a premises liability action must present evidence establishing that the condition complained of constituted an unreasonable hazard; the mere occurrence of an accident does not give rise to an inference of negligence.
[1] In a premises liability action, a plaintiff cannot defeat summary judgment by merely asserting the existence of a factual dispute; the plaintiff must present affirmative…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it is fundamental that the mere occurrence of an accident does not give rise to an inference of negligence and that the plaintiff must show that the condition complained of was an unreasonable hazard.”
Emmons v. Baptist Hosp., 478 So. 2d 440, 442 (Fla. 1st DCA 1985), cited by the court to establish the foundational principle governing premises liability claims.
Tania Medina appealed from summary judgment entered in favor of Casino Miami, LLC in a premises liability action. The record indicates Medina suffered…
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Third District Court of Appeal State of Florida
Opinion filed January 7, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1317 Lower Tribunal No. 20-24860-CA-01 ________________
Tania Medina, Appellant,
vs.
Casino Miami, LLC, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
Law Offices of Geoffrey B. Marks, and Geoffrey B. Marks (Vero Beach), for appellant.
Kubicki Draper, and Barbara E. Fox, for appellee.
Before MILLER, LOBREE, and BOKOR, JJ.
PER CURIAM.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Holland Paving Co., Inc. v. Dann, 175 So. 2d 780 (Fla. 1965)
- Dade Cnty. Port Auth. & Bituminous Cas. Corp. v. Keller, 117 So. 2d 731 (Fla. 1960)
- Emmons v. Baptist Hosp. & Servicemaster Indus., Inc., 478 So. 2d 440 (Fla. 1st DCA 1985)
- Harriette Wilson-Greene v. The City OF Miami, 208 So. 3d 1271 (Fla. 3d DCA 2017)
- Nazario v. Nazario, 452 So. 2d 1056 (Fla. 3d DCA 1984)
- McFADDEN v. Renata Fiori, 488 So. 2d 92 (Fla. 5th DCA 1986)