BERNICE THOMAS, APPELLANT,
v.
PUBLIX SUPERMARKETS, INC., APPELLEE
BERNICE THOMAS, APPELLANT,
PUBLIX SUPERMARKETS, INC., APPELLEE
578 So. 2d 64
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse the trial court’s final summary judgment given issues of material fact exist concerning whether the product applied to appellee's floor created a dangerous condition causing appellant’s fall. We also note that the trial court unreasonably restricted appellant’s discovery to only the store in question when the record reflects appellee used the same floor product in its other stores. See Lawrence v. Florida East Coast Railway Co., 346 So. 2d 1012 (Fla.1977); Saunders v. Florida Keys Electric Co-op Ass’n., Inc., 471 So. 2d 88 (Fla. 3d DCA 1985), rev. denied, 482 So. 2d 348 (Fla.1986).
REVERSED and REMANDED.
ANSTEAD, DELL and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hilliard v. Speedway Superamerica LLC, 766 So. 2d 1153 (Fla. 4th DCA 2000)…We conclude that discovery of similar accidents that occur at other similar locations controlled by the defendant is proper. See, e.g., Publix Supermarkets, Inc. v. Martin, 739 So. 2d 174, 175 (Fla. 2d DCA 1999); Thomas v. Publix Supermarkets, Inc., 578 So. 2d 64, 64 (Fla. 4th DCA 1991); Saunders v. Florida Keys Elec. Co-op Ass’n, 471 So. 2d 88, 89-90 (Fla. 3rd DCA 1985); Lazarus Homes Corp. v. Gustman, 340 So. 2d 513, 514 (Fla. 3d DCA 1976). There is no other evidence in the record to show that the scope of…
Authorities Cited
- Lawrence v. Fla. E. Coast Ry. Co., 346 So. 2d 1012 (Fla. 1977)
- Saunders v. Fla. Keys Elec. Co-Op Ass'n, Inc., 471 So. 2d 88 (Fla. 3d DCA 1985)