Charles Ausburn v. Wesley Chapel-T, LLC
The Second District affirmed summary judgment for the dealership in a transitory-substance slip-and-fall. A plaintiff who cannot identify the substance he slipped on cannot prove constructive knowledge under either prong of section 768.0755(1): that the condition existed long enough, or that it occurred with regularity. Circumstantial theories built on rain and wet vehicles were rejected as impermissible stacking of inferences.
Key facts
- Ausburn, an auto-glass technician visiting a Toyota dealership on a rainy day, slipped and fell in a service bay right after stepping out of a customer's vehicle he had driven inside.
- He testified that he did not know whether he slipped on oil, water, or something else, did not see any puddling, and could not say how long any substance had been there. He admitted that rain would come off the vehicle's running boards.
- +2 more key facts with a free trial
Holdings
- To prove constructive knowledge under § 768.0755(1)(a), the plaintiff needs evidence, such as tracks, dirt, or drying, that the specific substance was there long enough to be discovered. A…
- +2 more holdings with a free trial
Why it matters
The decision strengthens the defense position under Florida's post-2021 summary judgment standard in transitory-substance cases. A plaintiff's inability to identify the substance is effectively fatal under both… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.