AUDRIE STETLER, APPELLANT,
v.
ESTATE OF HARVEY J. PATTERSON, APPELLEE
PER CURIAM.
We reverse the summary judgment entered in favor of the defendant property owner in a negligence claim brought by appellant, a nurse who slipped and fell in a puddle of water on defendant’s premises.
The trial court granted summary judgment on the authority of Parrish v. Matthews, 548 So. 2d 725 (Fla. 3d DCA 1989). Parrish approved a summary judgment against a cleaning person hired to clean up the very condition causing her to fall. Here, although there is some dispute about appellant’s duties as a nurse, we believe there was an issue of fact as to whether appellant was sufficiently on notice to expect unsafe conditions on appellee’s premises so as to bar or diminish her claim.
GLICKSTEIN, C.J., and ANSTEAD, J., concur. LETTS, J., dissents without opinion.
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Lorraine M. Greenleaf and her Husband v. Amerada Hess Corp., 626 So. 2d 263 (Fla. 4th DCA 1993)…be construed in favor of the non-moving party. O’Connell v. Walt Disney World Co., 413 So. 2d 444 (Fla. 5th DCA 1982). Similarly, evidence of the appellee’s negligence alone will not allow entry of a summary judgment. Stetler v. Estate of Patterson, 595 So. 2d 579 (Fla. 4th DCA 1992). On the record presented to the trial court, appellee did not successfully carry its burden of conclusively demonstrating that there was no existing genuine issue of material fact as to the critical question of constructive or a…
Authorities Cited
- Parrish v. Matthews, 548 So. 2d 725 (Fla. 3d DCA 1989)