MABEL F. ALLEN, A WIDOW, APPELLANT,
v.
KAMP'S BEAUTY SALON, INC., A FLORIDA CORPORATION, APPELLEE
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An 80-year-old woman slipped and fell on water at a beauty salon while undergoing hair treatment. The trial court granted summary judgment for the defendant, but the appellate court reversed, holding that genuine issues of material fact existed regarding the salon's negligence and the plaintiff's contributory negligence that required jury determination.
Summary judgment was improper because genuine issues of material fact existed regarding both the salon's negligence in maintaining a safe premises and the plaintiff's comparative negligence. The plaintiff's age and physical condition must be considered when determining whether she was negligent as a matter of law, and the question of contributory negligence is for the jury under conflicting versions of the facts.
“Granting to the plaintiff, appellant, all reasonable inferences from the evidence, the facts presented by the record may be summarized as follows.”
Establishes the standard of review for summary judgment—all reasonable inferences must be granted in favor of the non-moving party.
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Join FLexlaw to unlock all legal intelligenceMabel Allen, an elderly woman over 80, had an appointment at Kamp's Beauty Salon. She was seated at a shampoo bowl where her hair was washed and dried…
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Mabel Allen, a lady who admits being more than 80 years old, slipped and fell in a beauty salon where she was enjoying the establishment’s well-publicized services. She sued the operator of the shop alleging that the negligent maintenance of the premises caused her injury. The trial judge entered a summary final judgment for the defendant and this appeal is from that judgment. We reverse upon the holding that the record discloses a genuine issue of material fact.
FACTS
Granting to the plaintiff, appellant, all reasonable inferences from the evidence, the facts presented by the record may be summarized as follows. The defendant operates a beauty salon. The plaintiff had an appointment to have her hair waved. She arrived with the husband of her niece who *679“walked with her into the beauty salon, holding on to her arm, and sat her down on a bench in the reception room * *
The beauty operator with whom the plaintiff had the appointment first saw the plaintiff sitting in the reception room. The plaintiff then walked from the reception room to the operator’s station. The plaintiff was directed to seat herself at the shampoo bowl. Mrs. Allen’s hair was washed by seating her in front of the shampoo bowl and tilting her head backward into it. Her hair was then dried. Mrs. Allen then arose from the chair at the direction of the operator. She was to walk to another place where she would continue the beauty treatment Mrs. Allen slipped in water on the floor and fell, severely injuring herself.
Many of the above statements are controverted. We do not state them as proved facts but facts which may be believed by a jury when the case is tried. Halavin v. Tamiami Trail Tours, Inc., Fla.App.1960, 124 So.2d 746.
BASIS OF THE HOLDING
We think Mrs. Allen’s testimony, that she slipped in water upon arising after some minutes in a horizontal position in the chair where she had been receiving a shampoo, raises an inference that she fell because she was not provided a reasonably safe place for the transaction of defendant’s business. Compare: First Federal Savings & Loan Ass’n of Miami v. Wylie, Fla.1950, 46 So.2d 396; Food Fair Stores of Florida, Inc. v. Moroni, Fla.App.1958, 113 So.2d 275.
Defendant, appellee, suggests that Mrs. Allen was guilty of contributory negligence as a matter of law because she admitted seeing some water on the floor when she went to the shampoo chair. In determining whether this lady was guilty of contributory negligence, it is necessary to consider her age and physical condition as affecting her ability to detect the dangers inherent in the situation causing her injury. Isenberg v. Ortona Park Recreational Center, Inc., Fla.App. 1964, 160 So.2d 132. We hold that contributory negligence, under the conflicting versions of the facts presented, is for the determination of a jury. Isenberg v. Ortona Park Recreational Center, supra.
CONCLUSION
Our consideration of this record convinces us that there are genuine issues of material fact, other than those discussed, but we see no advantage in delineating the scope of the issues to be tried. That process properly belongs to the pre-trial conference.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Lescrynski v. Farnham D. Middlebrook & Allstate Ins. Co., 260 So. 2d 215 (Fla. 4th DCA 1972)…ion. Generally the serious posing of such defenses would preclude summary judgment. Koven v. Owens, Fla.App.1964, 163 So. 2d 311; Beikirch v. City of Jacksonville Beach, Fla.App.1964, 159 So. 2d 898; Allen v. Kamp’s Beauty Salon, Inc., Fla.App.1965, 177 So. 2d 678 and Suhr v. Dade County, supra. We hold that the critical discrepancies in the deposed testimony of the parties, plus the affirmative defenses raised, necessite resolution through a full trial. We reverse and remand for that purpose. Reversed and…
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Byrnes v. Publix Super Mkts., Inc., 272 So. 2d 218 (Fla. 4th DCA 1973)…tiff appeals a summary final judgment entered in favor of the defendants. Our review of the record convinces us that there are genuine issues of material fact so as to preclude a summary disposition. Allen v. Kamp’s Beauty Salon, Inc., Fla.App.1965, 177 So. 2d 678; Holmes v. Forty-Five Twenty-Five, Inc., Fla.App.1961, 133 So. 2d 651; Humphrys v. Jarrell, Fla.App.1958, 104 So. 2d 404; Cowan v. Turchin, Fla.App.1972, 270 So. 2d 449, Fourth District Court of Appeal opinion filed December 20, 1972; Jenkins v. Bra…
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Kamp's Beauty Salon v. Allen, 183 So. 2d 214 (Fla. 1965)…■ Certiorari denied without opinion. 177 So. 2d 678.…
Authorities Cited
- First Fed. Sav. & Loan Ass'n v. Wylie, 46 So. 2d 396 (Fla. 1950)
- Isenberg v. Ortona Park Recreational Ctr., Inc., 160 So. 2d 132 (Fla. 1st DCA 1964)
- Food Fair Stores OF Fla., Inc. v. Moroni, 113 So. 2d 275 (Fla. 2d DCA 1958)
- Halavin v. Tamiami Trail Tours, Inc., 124 So. 2d 746 (Fla. 1st DCA 1960)