ST. JOHNS COUNTY, Fla. – A St. Johns County woman is suing Epic Theatres after she says she slipped and fell on a butter-soaked carpet — and the theater’s property owner is pushing back.
The lawsuit was filed in January 2026 in St. Johns County against Epic Theatres of St. Augustine, Inc. and Epic Properties of St. Augustine, LLC.
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The complaint alleges negligence stemming from an incident at the theater located in St. Augustine.
‘Butter-soaked’ carpet allegation
According to the complaint, the plaintiff visited the theater on or about June 4, 2025, to watch a movie with a friend. The lawsuit states she was walking through the lobby concessions area when she “suddenly and without warning slipped and fell due to a butter-soaked portion of carpet.”
The plaintiff’s attorneys, with the Morgan & Morgan law firm, allege the defendants failed to maintain the premises in a reasonably safe condition, failed to adequately inspect the lobby and concession area, failed to warn the plaintiff of the dangerous condition and failed to correct it.
The complaint claims the defendants knew — or should have known — about the hazardous condition. It seeks damages exceeding $50,000, citing bodily injuries, pain and suffering, disability, mental anguish, lost earnings and what it describes as permanent or continuing harm.
Theater’s property owner responds
Epic Properties of St. Augustine, LLC, the entity that owns the building, filed its answer and affirmative defenses in June 2026. The property owner denied most of the complaint’s allegations.
In a key legal argument, the defense contends that Florida’s negligent mode of operation theory — which the plaintiff’s complaint leans on — was effectively eliminated by Section 768.0755 of the Florida Statutes. The defense argues those allegations should be stricken from the complaint.
The property owner also argued that Epic Theatres of St. Augustine, Inc. — the separate operating entity — did not own the land or building and did not manage the theater business, and therefore owed no duty to the plaintiff.
Shared responsibility at issue
The defense also raised the issue of comparative fault, alleging the plaintiff was herself negligent and that her own actions contributed to the incident. Under Florida law, if a plaintiff is found to be more than 50% at fault, they are barred from recovering damages.
Additionally, the defense cited Florida’s sweeping 2023 tort reform law — commonly referred to as HB 837, signed by the governor on March 24, 2023 — as controlling law in this case. That law made significant changes to how personal injury cases are handled in Florida, including limits on medical damages and changes to comparative fault thresholds.
The case remains pending in St. Johns County.
