NILDA GARCIA vs PUBLIX SUPER MARKET, INC.
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Third District Court of Appeal State of Florida Opinion filed November 13, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-122 Lower Tribunal No. 12-2379 ________________ Nilda Garcia, Appellant, vs. Publix Super Markets, Inc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge. Law Offices of Alan Anchell, P.A., and Alan C. Anchell (Fort Lauderdale); Burlington & Rockenbach, P.A., and Bard D. Rockenbach and Jeffrey V. Mansell (West Palm Beach), for appellant. Weiss Serota Helfman Cole & Bierman, P.L., and Edward G. Guedes and Eric S. Kay, for appellee. Before EMAS, C.J., and SCALES and LOBREE, JJ. PER CURIAM. After a fall in a Publix supermarket, appellant Nilda Garcia sued appellee Publix Super Markets, Inc. for negligence, alleging that a liquid substance on an aisle floor caused her fall. After the jury returned a verdict in favor of Publix, the trial court entered a final judgment for Publix. We affirm the judgment. We conclude that the trial court did not abuse its discretion: (i) in denying Garcia’s request for a special jury instruction. See H & H Electric, Inc. v. Lopez, 967 So. 2d 345, 347 (Fla. 3d DCA 2007); and (ii) in allowing secondary evidence in the form of the testimony of a Publix employee who had viewed the unavailable surveillance video. See England v. State, 940 So. 2d 389, 400-01 (Fla. 2006). Affirmed. 2
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