Florida District Courts of Appeal, 1972

Loewenstein v. Safety Harbor Spa, Inc.

Loewenstein v. Safety Harbor Spa, Inc.
Florida District Courts of Appeal · Decided April 21, 1972 · Liles, Mann, Nulty
260 So. 2d 893; 1972 Fla. App. LEXIS 7041 (Southern Reporter, Second Series)

Loewenstein v. Safety Harbor Spa, Inc.

Opinion of the Court

PER CURIAM.

Appellant, plaintiff below, appeals a final summary judgment entered in favor of appellee, defendant in the negligence action below.

We are of the view that the deposition of appellant, the sole evidence upon which the summary judgment was bottomed, does not conclusively establish her contributory negligence as a matter of law. It is well settled “that summary judgments should be entered with caution, and that even if the evidence is uncontradicted, the trial court lacks the authority to enter a summary judgment if the evidence is susceptible to conflicting inferences.”1 In addition, other potential witnesses, not yet deposed, may cast further light on the question of the alleged negligence of appellee as well as contributory negligence of appellant.

Reversed and remanded.

LILES, A. C. J., and MANN and Mc-NULTY, JJ., concur.

. Champion Map Corp. v. Chamco, Inc. (Fla.App. 1970), 235 So.2d 50, 52.

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