Escribano v. Luby Chevrolet, Inc.

Florida District Courts of Appeal
Escribano v. Luby Chevrolet, Inc., 181 So. 2d 748 (1966)
Carroll, Pearson, Swann

Escribano v. Luby Chevrolet, Inc.

Opinion of the Court

SWANN, Judge.

This is an appeal from a summary final judgment entered by the trial court for the defendant, Luby Chevrolet, Inc., in a negligence action. The plaintiff, Eduardo Escribano, Sr., a business invitee of the defendant, walked into a fixed, clear, glass panel adjacent to a glass door, and received injuries as a result.

We find from an examination of the record, exhibits and briefs that a genuine issue of material fact existed as to the questions of negligence and contributory negligence which should be resolved by a jury trial. Messina v. Baldi, Fla.App.1960, 120 So.2d 819; Humphrys v. Jarrell, Fla.App.1958, 104 So.2d 404.

The summary final judgment is therefore reversed and the cause remanded for action consistent herewith.

Reversed and remanded.

Reference

Full Case Name
Eduardo ESCRIBANO, Sr. v. LUBY CHEVROLET, INC., a Florida corporation
Cited By
2 cases
Status
Published