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In Pembroke Lakes Mall Ltd. v. McGruder

The Fourth DCA reversed a final judgment in favor of the plaintiff in a slip and fall case. In so doing, the court made several rulings. First, the Court certified conflict with the Third DCA’s decision in Kenz, and ruled that the current slip and fall statute, Fla. Stat. 768.0755 (2010), should not be applied retroactively. Second, the Court ruled that the defendants should have been granted juror interviews based on county clerk records showing that certain jurors had been involved in recent litigation, despite answering in voir dire that neither they nor family members had been involved in litigation. Lastly, the Court ruled that defendant mall owner owed a non-delegable duty to its invitees to maintain their premises in a reasonably safe condition for invities, and therefore, the owner was jointly and severally liable for the negligence attributed to the contractor tasked with maintanence at the mall.

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