EVELYN EVANS AND ROBERT K. EVANS, APPELLANTS,
v.
HARTFORD ACCIDENT & INDEMNITY CO. AND PALM COAST PLAZA, INC., APPELLEES
PER CURIAM.
Upon examination of the record on appeal and upon consideration of the briefs and oral argument we are of the opinion that a genuine triable issue of material fact exists with respect to the nature of the duty owed by the defendant to the plaintiff. Luckey v. City of Orlando, Fla. App.1972, 264 So. 2d 99; cf. Aaron v. Logro Corp., Fla.App.1969, 226 So. 2d 8. A valid distinction can be drawn between a bumper strip in a parking lot which an invitee can be reasonably expected to anticipate as in Aaron, supra, and the placing of bumper strips at the curb area immediately outside defendant’s store (to prevent curb side parking) which an invitee might not be reasonably expected to encounter. Under the facts in the instant case a jury question was presented. 23 Fla.Jur., Negligence, sec. 129.
Accordingly, the summary final judgment is reversed and the case remanded for further proceedings consistent herewith.
Reversed and remanded.
OWEN, C. J., and WALDEN and MA-GER, JJ., concur.
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Ackerman v. Fla. Fed. Sav. & Loan Ass'n, 537 So. 2d 687 (Fla. 4th DCA 1989)…mper in a reasonably safe condition. The test for determining whether the Association maintained the lot in a reasonably safe condition is whether the invitee could reasonably expect to find a bumper in this condition. See, e.g., Evans v. Hartford, 303 So. 2d 682 (Fla. 4th DCA 1974)., Photographs in the record demonstrate that the overall design of this lot was one that an invitee could reasonably expect to [*688] find since the other bumpers were placed at the front of the parking spaces and were centered b…
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Ricciardelli v. Fla. Fed. Sav. & Loan Ass'n, 564 So. 2d 620 (Fla. 4th DCA 1990)…umper in a reasonably safe condition. The test for determining whether the Association maintained the lot in a reasonably safe condition is whether the invitee could reasonably expect to find a bumper in this condition. See e.g., Evans v. Hartford, 303 So. 2d 682 (Fla. 4th DCA 1974). Photographs in the record demonstrate that the overall design of this lot was one that an invitee could reasonably expect to find since the other bumpers were placed at the front of the parking spaces and were centered between t…
Authorities Cited
- Luckey v. City OF Orlando, 264 So. 2d 99 (Fla. 4th DCA 1972)
- Aaron v. Logro Corp., 226 So. 2d 8 (Fla. 3d DCA 1969)