VICTOR R. JUBRAN
v.
SOUTH LANE DISTRIBUTION CENTER, LLC
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Victor Jubran appealed a summary judgment order in favor of South Lane Distribution Center, LLC, a property owner sued for negligence and failure to warn regarding an allegedly dangerous fence. The Florida appellate court reversed and remanded, finding material factual disputes remained about whether a fence existed on the property, who was responsible for removing it, and whether a portion left on the ground caused Jubran's injury.
The court reversed the summary judgment because material factual disputes remained regarding the existence of the fence, the property owner's responsibility for its removal, and whether the fence portion on the ground caused the plaintiff's injury, precluding summary judgment as a matter of law.
[1] Summary judgment is precluded when genuine issues of material fact exist regarding a landowner's responsibility for conditions emanating from their property that pose a d…
[2] An appellate court reviews a trial court's grant of summary judgment de novo to determine if material facts are genuinely disputed.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We agree that disputed material facts remain as to whether there was a fence on the border of Appellee's property at some point in time and whether Appellee was responsible for taking it down and leaving a portion of it on the ground where Appellant fell.”
Establishes the specific material fact disputes that precluded summary judgment
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJubran was injured and alleged it occurred due to the negligent handling of fencing on South Lane Distribution Center's property. The material dispute…
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PER CURIAM.
Appellant, Victor R. Jubran, appeals an order granting final summary judgment in favor of Appellee, South Lane Distribution Center, LLC. Appellant, who alleged below that Appellee was negligent in the handling of its fencing in which he was injured and that Appellee failed to warn of the fence’s dangers, argues that issues of material fact remain that preclude summary judgment. We agree that disputed material facts remain as to whether there was a fence on the border of Appellee’s property at some point in time and whether Appellee was responsible for taking it down and leaving a portion of it on the ground where Appellant fell. Accordingly, we reverse the order granting summary judgment and remand for further proceedings. See Pickford v. Taylor Cnty.
Sch. Dist., 298 So. 3d 707, 710 (Fla. 1st DCA 2020) (noting that an appellate court reviews a trial court’s grant of summary judgment under the de novo standard of review to ascertain whether there are any genuine issues of material fact and that the court must view the evidence and draw all inferences in the light most favorable to the non-moving party); see also Williams v. Davis, 974 So. 2d 1052, 1060 (Fla. 2007) (explaining that numerous Florida cases have held that landowners were “responsible under a standard of reasonable care for conditions emanating from their property that were determined to constitute a danger and hazard to others”). REVERSED and REMANDED for further proceedings.
LEWIS, TANENBAUM, and LONG, JJ., concur. _____________________________
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Citator
Authorities Cited
- Donnie L. Pickford v. Taylor Cnty. Sch. Dist., 298 So. 3d 707 (Fla. 1st DCA 2024)