IVONNE PRATT AND WILLIAM PRATT, APPELLANTS,
v.
BAHAMASAIR HOLDING, LTD., APPELLEE
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SCHWARTZ, Chief Judge.
Mrs. Pratt tripped and fell on a “piece of slanted metal” which bridged a joint in a jetway between the airport lobby and the Bahamasair plane she was boarding at the Miami International Airport. The summary judgment entered below in Bahamasair’s favor is reversed because the record contains genuine issues as to whether the condition which caused the fall was an action-ably defective one. See Levy v. Home Depot, Inc., 518 So. 2d 941 (Fla. 3d DCA 1987); Ainsworth v. Intercontinental Hotels Corp., 467 So. 2d 386 (Fla. 3d DCA 1985), pet. for review dismissed, 475 So. 2d 694 (Fla.1985); Krivanek v. Pasternack, 490 So. 2d 252 (Fla. 2d DCA 1986); Northwest Florida Crippled Children’s Ass’n v. Harigel, 479 So. 2d 831 (Fla. 1st DCA 1985); Kupperman v. Levine, 462 So. 2d 90 (Fla. 4th DCA 1985).
Cosby v. Flint, 520 So. 2d 281 (Fla.1988) and Schoen v. Gilbert, 436 So. 2d 75 (Fla.1983), upon which the appel-lee relies, deal only with the non-liability of a homeowner for a difference in levels of residential premises, and have no application to the commercial situation involved here. Ainsworth, 467 So. 2d at 386; Liberty Mut. Ins. Co. v. Kimmel, 465 So. 2d 606 (Fla. 3d DCA 1985).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Metro. Dade Cnty. v. Cary Kogen, 665 So. 2d 1080 (Fla. 3d DCA 1995)…0 (Fla.1989); Trianon Park Condominium Ass’n v. City of Hialeah, 468 So. 2d 912 (Fla.1985); Department of Transp. v. Neilson, 419 So. 2d 1071, 1078 (Fla.1982); Bowles v. Elkes Pontiac Co., 63 So. 2d 769 (Fla.1952); Pratt v. Bahamasair Holding, Ltd., 546 So. 2d 749 (Fla. 3d DCA 1989); Holland v. Baguette, Inc., 540 So. 2d 197 (Fla. 3d DCA 1989); Krivanek v. Pasternack, 490 So. 2d 252 (Fla. 2d DCA 1986); Windham v. Florida Dept. of Transp., 476 So. 2d 735 (Fla. 1st DCA 1985); Pensacola Restaurant Supply Co. v.…
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Stewart v. Fletcher-Bright Co. OF Fla., Inc., 550 So. 2d 489 (Fla. 5th DCA 1989)…t was injured when she fell off a ramp in an automotive service area. Her version of the events, while confusing, creates a material issue of fact concerning causation which precludes entry of summary judgment. See Pratt v. Bakamasair Holding, Ltd., 546 So. 2d 749 (Fla. 3d DCA 1989); Bianchi v. Garber, 528 So. 2d 969 (Fla. 4th DCA 1988); Levy v. Home Depot, Inc., 518 So. 2d 941 (Fla. 3d DCA 1987); Krivanek v. Pasternack, 490 So. 2d 252 (Fla.2d DCA 1986); Northwest Florida Crippled Children’s Association v. Ha…
Authorities Cited
- Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983)
- Casby v. Flint, 520 So. 2d 281 (Fla. 1988)
- Levy v. Home Depot, Inc., 518 So. 2d 941 (Fla. 3d DCA 1987)
- Nw. Fla. Crippled Child's. Ass'n v. Harigel, 479 So. 2d 831 (Fla. 1st DCA 1985)
- Liberty Mut. Ins. Co. v. Kimmel, 465 So. 2d 606 (Fla. 3d DCA 1985)
- Kupperman v. Levine, 462 So. 2d 90 (Fla. 4th DCA 1985)
- Viksne v. Malda Viksne, 462 So. 2d 90 (Fla. 4th DCA 1985)
- Krivanek v. Zennith Pasternack and Annette Pasternack, 490 So. 2d 252 (Fla. 2d DCA 1986)
- Larry Lee Banks v. State, 467 So. 2d 386 (Fla. 5th DCA 1985)
- Ainsworth v. Intercontinental Hotels Corp., 467 So. 2d 386 (Fla. 3d DCA 1985)