Third District Court of Appeal
State of Florida
Opinion filed May 11, 2022.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-758
Lower Tribunal No. 17-4044
________________
Sarah Bensalah,
Appellant,
vs.
Whole Foods Market Group, Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mark
Blumstein, Judge.
Eaton & Wolk, PL, and Douglas F. Eaton, for appellant.
Law Offices of Charles M-P George, and Charles M-P George;
Chartwell Law, and Derek H. Lloyd (Deerfield Beach), for appellee.
Before LOGUE, LINDSEY, and LOBREE, JJ.
PER CURIAM.
Affirmed. § 768.0755, Fla. Stat. (2016); Encarnacion v. Lifemark
Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (“[W]here a business
invitee slips and falls on a ‘transitory substance’ in a business establishment
as occurred here, proof of the breach element of the claim against an owner
of the establishment is statutorily constrained by section 768.0755 of the
Florida Statutes (2013).”); Pembroke Lakes Mall Ltd. v. McGruder, 137 So.
3d 418, 426 (Fla. 4th DCA 2014) (“Under the 2002 statute, a plaintiff could
succeed in a slip and fall case by showing ‘the business premises acted
negligently by failing to exercise reasonable care in the maintenance,
inspection, repair, warning, or mode of operation of the business premises,’
without showing the business had actual or constructive knowledge of the
transitory foreign substance. Under the 2010 statute, however, the same
plaintiff would be unable to successfully assert such a cause of action, no
matter how persuasive or compelling the evidence the plaintiff had in support
of the claim.”).
2