Torts — Slip and fall — Constructive notice — Summary judgment — Affidavits — Trial court exceeded its authority in disregarding entirety of affidavit submitted in opposition to defendant supermarket’s motion for summary judgment on the basis that affiant badly repudiated her prior deposition testimony — Affiant did not badly repudiate her former deposition testimony through her description of puddle’s length and disclosure of the existence of track marks and footprints leading to and from the puddle where, in her deposition, affiant was asked only about the originating source of the water and whether the puddle appeared transparent — Because puddle was arguably both expansive and subject to detectable foot traffic preceding plaintiff’s fall, a factual issue as to constructive notice precluded entry of summary judgment
45 Fla. L. Weekly D440a
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