MARLEEN GAYLE, APPELLANT,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND ITS SUBSIDIARY, METROPOLITAN TRANSIT AUTHORITY, APPELLEE
PER CURIAM.
We reverse a summary final judgment which was prematurely entered against the passenger and in favor of the common carrier: (1) because there remains a question of fact as to whether the bus driver had superior vantage to observe a substance in the boarding stairwell where the passenger slipped; and (2) where there were inferences that the substance had been in the stairwell for a sufficient length of time to have been observed and removed. Packer v. Winston Towers One Hundred Association, Inc., 377 So. 2d 46 (Fla.3d DCA 1979); Dade County v. Ware, 295 So. 2d 360 (Fla.3d DCA 1974); Marlowe v. Food Fair Stores of Florida, Inc., 284 So. 2d 490 (Fla.3d DCA 1973), cert. denied, 291 So. 2d 205 (Fla.1974).
The summary final judgment is reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marlowe v. Food Fair Stores OF Fla., Inc., 284 So. 2d 490 (Fla. 3d DCA 1973)
- Food Fair Stores OF Fla., Inc. v. Marlowe, 291 So. 2d 205 (Fla. 1974)
- Frankenberry v. State, 291 So. 2d 205 (Fla. 1974)
- Packer v. Winston Towers ONE Hundred Ass'n, Inc., 377 So. 2d 46 (Fla. 3d DCA 1979)
- Dade Cnty. v. Ware, 295 So. 2d 360 (Fla. 3d DCA 1974)