DORIS K. COBURN AND HER HUSBAND, H. JULES COBURN, APPELLANTS,
v.
DELMONICO HOTEL CORP., A FLORIDA CORPORATION, APPELLEE
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The court held that the trial court erred in granting summary judgment because triable issues of fact existed regarding negligence and contributory negligence.
Plaintiff, a hotel guest, fell on a shuffleboard court that was raised and the same color as the surrounding pool deck. She alleged the hotel was negl…
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This is an appeal by the plaintiffs below from an adverse summary judgment. The action was by the appellant Doris K. Co-burn for damages for personal injuries suffered by her in a fall on the premises of a hotel owned and operated by the appellee. She was joined in the action by her husband who sought derivative damages.
The plaintiff Doris Coburn alleged that while a guest of the hotel she fell on a shuffleboard court on the pool deck while proceeding to a nearby telephone after being paged. It was alleged that the shuffleboard court was raised 3% inches above the pool deck level and was substantially the same brownish color as the pool deck. Plaintiffs charged defendant with negligence by maintaining the premises in an unsafe condition and alleged the condition was such as to constitute a trap.
The defendant denied negligence and pleaded contributory negligence. Following discovery depositions the trial court *31granted the defendant s motion for summary judgment. We find error, and reverse on the authority of Miceli v. Lifter, Fla.App. 1964, 161 So.2d 253. The pleadings and the evidence which was before the court presented triable issues of negligence and contributory negligence which could not properly be resolved on motion for summary judgment.
Reversed.
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Citator
Cited By
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Fletcher v. Petman Enters., Inc., 324 So. 2d 135 (Fla. 3d DCA 1975)…. Melroe Manufacturing Co., Fla.App.1972, 261 So. 2d 191. In the cause before us, we find there exists genuine issues as to material facts, i. e. design of the steps, adequacy of the lighting, etc. See Coburn v. Delmonico Hotel Corp., Fla.App.1967, 203 So. 2d 30; Winsemann v. Travelodge Corporation, Fla.App.1967, 205 So. 2d 315; Robinson v. Kiwanis Club of Delray Beach, Fla.App.1972, 265 So. 2d 387. In addition, we note that although plaintiff was unable to recall precisely what caused her fall, this fact…
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Javits v. Rsmo Independence Mgmt. Consultants, Inc., 738 So. 2d 521 (Fla. 4th DCA 1999)…as to a business invitee at a commercial establishment who has alleged that an uneven outdoor floor surface constituted a dangerous condition. See, e.g., Johnson; Rivard v. Grimm, 621 So. 2d 580 (Fla. 4th DCA 1993); Coburn v. Delmonico Hotel Corp., 203 So. 2d 30 (Fla. 3d DCA 1967). Accordingly, we reverse the summary judgment and remand for further proceedings. POLEN and GROSS, JJ., concur.…
Authorities Cited
- Miceli v. Lifter, 161 So. 2d 253 (Fla. 3d DCA 1964)