RUTH BUGAY, APPELLANT,
v.
WAL-MART STORES, INC., APPELLEE

Fla. 1st DCA | 1996-02-13
No. 95-2513
ERVIN, MINER and WEBSTER, JJ., concur.
667 So. 2d 957 Florida District Court of Appeal, First District (1996) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of an adverse summary final judgment entered in a slip-and-fall negligence case. Our review of the record satisfies us that genuine issues exist as to both the cause of appellant’s fall and whether a dangerous condition had existed for a sufficient period that appellee should have been aware of it. Accordingly, we reverse the summary judgment, and remand for further proceedings consistent with this opinion.

REVERSED and REMANDED, with directions.

ERVIN, MINER and WEBSTER, JJ., concur.


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  • LaRIVIERE v. S. Broward Hosp. Dist., 889 So. 2d 972 (Fla. 4th DCA 2004)
    …otice of the claim to the agency involved that sufficiently describes or identifies the occurrence so that the agency may investigate it, satisfies the statute.” Franklin v. Palm Beach County, 534 So. 2d 828, 830 (Fla. 4th DCA 1988); Smart v. Monge, 667 So. 2d 957 (Fla. 2d DCA 1996). Nevertheless, the notice, in any form, must be sufficiently direct and specific to reasonably put the department on notice of the existence of the claim and demand. The notice must advise the department that a claim is made again…
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    …the statute requires that written notice of a claim be given. This court has held that “at a minimum, the written notification must contain language notifying the agency of a claim; that is, a demand for compensation for an injury.” Smart v. Monge, 667 So. 2d 957, 959 (Fla. 2d DCA 1996). Here, the notice does not lack a claim for compensation nor does the City assert the same is lacking. This court also noted in Smart that “the statute lacks specificity as to what is required to present a notice of claim.”…
  • Staly v. Izotova, 403 So. 3d 1034 (Fla. 5th DCA 2024)

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