Florida District Courts of Appeal, 1984

Machado v. Jordan Marsh, Inc.

Machado v. Jordan Marsh, Inc.
Florida District Courts of Appeal · Decided March 20, 1984 · Hendry, Jorgenson, Pearson
448 So. 2d 23; 1984 Fla. App. LEXIS 12409 (Southern Reporter, Second Series)

Machado v. Jordan Marsh, Inc.

Opinion of the Court

PER CURIAM.

Plaintiffs appeal a summary final judgment entered in favor of the defendants in a negligence action for damages sustained by plaintiff as a result of a fall which occurred in the store of the defendant, Jordan Marsh, Inc.

Our review of the record convinces us that there are genuine issues of material fact presented which preclude the entry of a summary judgment. Phillips v. Hartford Casualty Ins. Co., 373 So.2d 415 (Fla. 4th DCA 1979); Byrnes v. Publix Super Markets, Inc., 272 So.2d 218 (Fla. 4th DCA 1973); Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

Reversed.

Dissenting Opinion

DANIEL S. PEARSON, Judge,

dissenting.

While I concede that there is ample evidence that the defendant’s floor was slippery, the defendant has conclusively shown the absence of any evidence that the slippery floor caused the plaintiff’s fall. Therefore, I would affirm the summary judgment for the defendant.

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