DENNIS DEMAGGIO, APPELLANT,
v.
BRASSERIE RESTAURANT AND COCONUT GROVE HOTEL, APPELLEES
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Summary judgment for restaurant defendants affirmed where patron injured by another patron failed to establish genuine issues of material fact regarding premises liability.
A restaurant and hotel are entitled to summary judgment against a patron injured by another patron on their premises when no genuine issue of material fact exists regarding the defendants' duty or breach.
DeMaggio, a patron at defendants' restaurant and hotel, was physically injured during an altercation with another patron on the defendants' premises.…
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NATHAN, Judge.
This is an appeal by Dennis DeMaggio, plaintiff in the trial court, from a summary final judgment in favor of the defendants, Brasserie Restaurant and Coconut Grove Hotel. The action arose from an altercation on the defendants’ premises the result of which was that DeMaggio, a patron, was physically injured by another patron.
Since the judgment appealed is an adverse summary final judgment, the appellant is entitled to have the record reviewed in the light most favorable to him, with all reasonable inferences of fact and intendments of testimony being drawn in his behalf. Holl v. Talcott, Fla.1966, 191 So. 2d 40; Visingardi v. Tirone, Fla.1966, 193 So. 2d 601. It is the burden of the movant for summary judgment to show conclusively the non-existence of a genuine material fact. Where the existence of such an issue appears in the record, the cause must be referred for a determination of questions of fact and credibility. Williams v. Caterpillar Tractor Co., Fla.App.1963, 149 So. 2d 898; Williams v. Florida Realty and Management Co., Fla.App.1973, 272 So. 2d 176. On the basis of our review of the briefs and the record on appeal, we are of the opinion that the defendants sustained the burden of proving the non-existence of genuine triable issues. Accordingly, the summary final judgment herein appealed is affirmed.
Affirmed.
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Smith v. Crissey, 478 So. 2d 1181 (Fla. 2d DCA 1985)…a summary judgment denying appellant’s claim for specific performance of the sale of real estate. Since the case was resolved by summary judgment, we shall state the facts in the light most favorable to appellant. DeMaggio v. Brasserie Restaurant, 320 So. 2d 49 (Fla. 3d DCA 1975). Appellant entered into a written contract to purchase land from appellee Crissey “free and clear of all liens” for a price of $77,000. The contract provided for the closing to take place on October 11, 1983, which date was extend…
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Silverman v. Miami Dade Cmty. Coll., 344 So. 2d 907 (Fla. 3d DCA 1977)…hold no reversible error has been shown, and affirm the summary judgment. See Wometco Theatres Corp. v. Rath, 123 So. 2d 472 (Fla. 3d DCA 1960); Warner v. Florida Jai Alai, Inc., 221 So. 2d 777 (Fla. 4th DCA 1969); DeMaggio v. Brasserie Restaurant, 320 So. 2d 49 (Fla. 3d DCA 1975); Gottschalk v. Smith, 334 So. 2d 102 (Fla. 3d DCA 1976). Affirmed.…
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Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Visingardi v. Tirone, 193 So. 2d 601 (Fla. 1966)
- Williams v. Fla. Realty & Mgmt. Co., 272 So. 2d 176 (Fla. 3d DCA 1973)
- Williams v. Caterpillar Tractor Co., Inc., 149 So. 2d 898 (Fla. 2d DCA 1963)