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Thoma v. Cracker Barrel Old Country Store, Inc.

Florida District Court of Appeal
184 P.3d 1115 (2008)


Thoma (plaintiff) was dining in a restaurant owned by Cracker Barrel (defendant). After eating breakfast for about thirty minutes, Thoma got up from her seat and slipped on a large patch of liquid on the floor. While eating, Thoma did not notice anyone spill any liquid on the floor. The area that the spilled liquid sat upon was in plain view of Cracker Barrel employees, and Cracker Barrel waitresses routinely carried water near the area. Thoma brought a negligence claim against Cracker Barrel for her injuries, and the trial court granted summary judgment in favor of Cracker Barrel.

Rule of Law


Holding and Reasoning (Kahn, J.)

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