MARY E. HENRY, APPELLANT,
v.
ISS INTERNATIONAL SERVICE SYSTEMS, INC., A DISSOLVED FLORIDA CORPORATION, D/B/A OXFORD BUILDING SERVICES, APPELLEE
MARY E. HENRY, APPELLANT,
ISS INTERNATIONAL SERVICE SYSTEMS, INC., A DISSOLVED FLORIDA CORPORATION, D/B/A OXFORD BUILDING SERVICES, APPELLEE
627 So. 2d 115
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM,
Evidence that the defendant, an independent contractor, had responsibility for weekly cleaning and inspection of the parking area at the time of the accident, along with the appellant’s testimony that the substance which caused her slip and fall was a wet and slick accumulation which had been present on the premises for a period of time, was sufficient to create a material issue of fact on the question of liability. For both reasons the defendant’s motion for summary judgment should have been denied. The burden is on the party moving for a summary judgment to show conclusively an absence of any genuine issue of material fact. Prudential-LMI Comm. Ins. Co. v. Sears, Roebuck & Co., 572 So. 2d 15 (Fla. 3d DCA 1990).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kanov v. Jean Bitz, M.D., 660 So. 2d 1165 (Fla. 3d DCA 1995)…hereby precluding the disposition of this issue by way of summary judgment. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Underwriters at Lloyds, London v. VIP Distribs., Inc., 629 So. 2d 291 (Fla. 3d DCA 1993); Henry v. ISS Int’l Serv. Sys., Inc., 627 So. 2d 115 (Fla. 3d DCA 1993); Nelson v. Balkany, 620 So. 2d 1138 (Fla. 3d DCA 1993). We find no merit to the remaining points on appeal. Affirmed in part and reversed and remanded in part.…
Authorities Cited
- Prudential-Lmi Commercial Ins. Co. v. Sears, 572 So. 2d 15 (Fla. 3d DCA 1990)