BETTY FOGEL AND ISRAEL FOGEL, APPELLANTS,
v.
WINN DIXIE STORES, INC., A FLORIDA CORPORATION AND JEFFERSON STORES, INC., A FOREIGN CORPORATION, APPELLEES
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PER CURIAM.
We reverse the summary judgment entered in favor of the defendants, Jefferson Stores, Inc., the shopping center owner, and Winn Dixie Stores, Inc., Jefferson’s tenant and operator of a grocery store, upon a holding that, viewing the evidence most favorably to the plaintiffs, there exist genuine and material issues of fact precluding the entry of summary judgment, Wills v. Sears, Roebuck & Company, 351 So. 2d 29 (Fla.1977), Holl v. Talcott, 191 So. 2d 40 (Fla.1966), including (a) whether the ramp upon which Betty Fogel says she fell was negligently designed by Winn Dixie and, if so, the design negligently approved by Jefferson; and (b) whether the purpose and location of the ramp were such that Jefferson or Winn Dixie, or both, had a duty to maintain it, and whether such duty was breached. Our holding that summary judgment was improper requires us to reverse the separate cost judgment entered in favor of the defendants and obviates the necessity of addressing other grounds for reversal asserted by the plaintiffs.
Reversed and remanded.
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Citator
Cited By
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Chelton v. Tallahassee-Leon Cnty. Civic Ctr. Auth., 525 So. 2d 972 (Fla. 1st DCA 1988)…ing the design of the stairs and the Civic Center’s notice of any design defects, including steepness. Spence v. Pen Air Federal Credit Union, 421 So. 2d 20 (Fla. 1st DCA 1982), rev. denied, 429 So. 2d 7 (Fla.1983); Fogel v. Winn Dixie Stores, Inc., 407 So. 2d 1054 (Fla. 3d DCA 1981). Furthermore, whether the Civic Center’s “handrail remedy” was adequate for the problem or whether warning signs should have also been placed in the Civic Center are also material issues of fact which should be determined by a jur…
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Hook v. Brown, 498 So. 2d 1045 (Fla. 3d DCA 1986)…hopping center/owner/manager of liability by summary judgment. Florida East Coast Railway Company v. Metropolitan Dade County, 438 So. 2d 978 (Fla. 3d DCA 1983); Monroe v. Appelton, 419 So. 2d 356 (Fla 2d DCA 1982); Fogel v. Winn Dixie Stores, Inc., 407 So. 2d 1054 (Fla. 3d DCA 1981). Therefore for the reasons above stated, the two final summary judgments here under review, be and the same are hereby reversed and returned to the trial court for further proceedings, which may entail the entertainment of addit…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Wills v. Sears, 351 So. 2d 29 (Fla. 1977)