FRANCES M. SPENCE, APPELLANT,
v.
PEN AIR FEDERAL CREDIT UNION AND CUMIS INSURANCE SOCIETY, INC., APPELLEES
FRANCES M. SPENCE, APPELLANT,
PEN AIR FEDERAL CREDIT UNION AND CUMIS INSURANCE SOCIETY, INC., APPELLEES
421 So. 2d 20
Florida District Court of Appeal, First District (1982)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The plaintiff, Frances M. Spence, appeals from the trial court’s final summary judgment in this “trip and fall” negligence action. ' We find that there are disputed issues of material fact or disputed inferences to be derived from those facts as to whether the alleged dangerous condition, a step-up, was a latent or patent condition and whether there was a legally sufficient distraction to justify Spence’s inattention to a known danger. Accordingly, the cause was not ripe for a summary judgment and must be reversed for a trial on the merits, Fla.R. Civ.P. 1.510(c).
Reversed and remanded for further proceedings consistent with this opinion.
McCORD, BOOTH and WENTWORTH, JJ., concur.
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Chelton v. Tallahassee-Leon Cnty. Civic Ctr. Auth., 525 So. 2d 972 (Fla. 1st DCA 1988)…whether the ushers in contact with appellant followed such policies. Material issues of fact remain regarding 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 h…
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Chisolm v. R & R Auto Parts, Inc., 422 So. 2d 1010 (Fla. 1st DCA 1982)…some special notice. Plaintiff conceivably was slightly and momentarily distracted as she left the store, but defendant had no duty, under the circumstances shown here, to anticipate and prevent that. Contrast Spence v. Pen Air Federal Credit Union, 421 So. 2d 20 (Fla. 1st DCA 1982). AFFIRMED. McCORD and MILLS, JJ., concur.…
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