Kyle Morat recently prevailed on a motion for summary judgment in a slip and fall case on behalf of his Hospital client in Volusia County, Florida. Allegations included failure to properly maintain the bathroom floor and allowing water to accumulate causing the Plaintiff’s fall and injuries. Mr. Morat was able to elicit testimony from the Plaintiff that supported the defense that there was no water or transitory substance on the floor and Plaintiff would be unable to meet her burden of proof at trial. Mr. Morat argued that not only did the record evidence support summary judgment but also that the new rule requires the non-moving party to file a timely response and the failure to do so allows the Court to use its discretion in finding the facts undisputed for purposes of the motion in granting summary judgment.