KATHRYN E. EACHUS ET VIR., APPELLANTS,
v.
BIG DADDY'S LOUNGES, INC., APPELLEE
PER CURIAM.
This is a slip and fall case, in which the trial court entered summary judgment for the defendant.
It is a question of fact as to whether or not a parking lot constructed adjacent to the appellee’s lounge, wherein a concrete bumper was placed in the lot in the proximity of a walkway which was designated to be used by the patrons, constituted a negligent design. We think this is an issue of fact which should have been resolved by a finder of fact. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Luckey v. City of Orlando, 264 So. 2d 99 (Fla. 4th DCA 1972); Wills v. Sears, Roebuck & Company, 351 So. 2d 29 (Fla.1977). Therefore, we reverse the summary judgment under review and return the matter to the trial court for further proceedings.
Reversed and remanded, with directions.
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Stahl v. Metro. Dade Cnty., 438 So. 2d 14 (Fla. 3d DCA 1983)…a contrary view on such cases and cites considerable authority to support his position. W. PROSSER, HANDBOOK OF THE LAW OF TORTS § 44 at 274 (4th ed. 1971). Our holding here would seem to be a decided minority view. See also Pope v. Cruise Boat Co., 380 So. 2d 1154 (Schwartz, J., concurring). It may also be dicta as the court appears to conclude that no negligence was shown in the case in any event; indeed, this was the sole basis on which Judge Schwartz concurred with the majority.…
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Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)…Casualty & Surety Company, 382 So. 2d 730 (Fla. 5th DCA 1980), (summary judgment for defendant reversed); Pittman v. Volusia County, 380 So. 2d 1192 (Fla. 5th DCA 1980), (directed verdict for defendant reversed); Eachus v. Big Daddy’s Lounges, Inc., 380 So. 2d 1154 (Fla. 3rd DCA 1980); Phillips v. Hartford Casualty Insurance Company, 373 So. 2d 415 (Fla. 4th DCA 1979), (summary judgment for defendant reversed). . See dissents in Jenkins v. City of Miami Beach, Melton v. Estes, Alves v. Adler Built Industries,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Wills v. Sears, 351 So. 2d 29 (Fla. 1977)
- Luckey v. City OF Orlando, 264 So. 2d 99 (Fla. 4th DCA 1972)