Florida District Courts of Appeal, 1970

McGuire v. First Arlington Investment Corp.

McGuire v. First Arlington Investment Corp.
Florida District Courts of Appeal · Decided July 17, 1970 · Hobson, Mann, McNulty
240 So. 2d 513; 1970 Fla. App. LEXIS 5618 (Southern Reporter, Second Series)

McGuire v. First Arlington Investment Corp.

Opinion of the Court

MANN, Judge.

McGuire, an invitee at a beach hotel, dived from a railing at the end of a dock extending 300 feet into the Gulf and was injured. There was no sign warning of danger and whether he was actually warned was disputed. The depth of the water was not discernible. The trial judge granted summary judgment on the ground that McGuire was contributorily negligent as a matter of lazv. He may have been con-tributorily negligent as a matter of fact, but a jury must decide this. The case is governed by Brightwell v. Beem, Fla.1956, 90 So.2d 320.

Reversed and remanded.

HOBSON, C. J., and McNULTY, J., concur.

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