JANE L. ROBINSON AND R. FORSTER ROBINSON, APPELLANTS,
v.
KIWANIS CLUB OF DELRAY BEACH, FLORIDA, A FLORIDA CORPORATION, AND FIRST BAPTIST CHURCH OF DELRAY BEACH, FLORIDA, A FLORIDA CORPORATION NOT-FOR-PROFIT, JOINTLY, SEVERALLY AND INDIVIDUALLY, APPELLEES
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The court held that summary judgment was improper because the adequacy of lighting was a disputed issue of fact, making negligence and contributory negligence jury questions.
An invitee tripped and fell at the edge of a parking lot. The quality and quantity of the lighting were disputed by lay and expert witnesses.…
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We reverse defendants’ summary judgment. Rule 1.510, F.R.C.P., 31 F.S.A.; Holl v. Talcott, Fla.1966, 191 So.2d 40.
An invitee tripped and fell at the edge of a parking lot and the issue is the adequacy of the lighting. The quality and quantity of the lighting from the testimony of lay and expert witnesses was in dispute.
We do not feel that it can be said from the record at this stage, as a matter of law, that the premises were so dark as to authorize a finding that the injured .person in going forward was guilty of contributory negligence under authority of Rubey v. William Morris, Inc., Fla.1953, 66 So.2d 218. Rather, we think that the issues of negligence and contributory negligence were, at the least, in the twilight zone so as to make a jury question as was authorized in Delany v. Breeding’s Homestead Drug Co., Fla.1957, 93 So.2d 116, See also Winsemann v. Travelodge Corporation, Fla.App.1967, 205 So.2d 315.
The summary judgment entered in favor of defendants is reversed and the case remanded for proceedings consistent herewith.
Reversed and remanded.
WALDEN and MAGER, JJ., and MELVIN, WOODROW, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Fletcher v. Petman Enters., Inc., 324 So. 2d 135 (Fla. 3d DCA 1975)…s, 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 would not entitle defendants to summary judgment in that the record reveals plaintiff fell to the driveway directly below the steps and the…
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Bianchi v. Garber, 528 So. 2d 969 (Fla. 4th DCA 1988)…ion of the path and the sufficiency of lighting on the path where the plaintiff tripped and fell while jogging at nighttime, precluded summary judgment); Monroe v. Badanes, 359 So. 2d 913 (Fla. 3d DCA 1978); Robinson v. Kiwanis Club of Delray Beach, 265 So. 2d 387 (Fla. 4th DCA 1972) (Evidence as to quality and quantity of the lighting at the edge of a parking lot where the invitee plaintiff tripped and fell presented questions for the jury precluding summary judgment in favor of the defendant.); Carter v. Pa…
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194TH St. Hotel Corp. v. Hopf, 383 So. 2d 739 (Fla. 3d DCA 1980)…1967), and that the entire area was insufficiently lighted. See Fountainhead Motel, Inc. v. Massey, 336 So. 2d 397 (Fla. 3d DCA 1976); Fletcher v. Petman Enterprises, Inc., 324 So. 2d 135 (Fla. 3d DCA 1976); Robinson v. Kiwanis Club of Delray Beach, 265 So. 2d 387 (Fla. 4th DCA 1972). There was thus ample evidence that the defendant had negligently maintained its premises so as to require that the liability issue be submitted to the jury. The two other points which merit discussion both concern the question…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Delany v. Breeding's Homestead Drug Co., 93 So. 2d 116 (Fla. 1957)
- Rubey v. William Morris, Inc., 66 So. 2d 218 (Fla. 1953)
- Winsemann v. The Travelodge Corp., 205 So. 2d 315 (Fla. 2d DCA 1967)