Epstein v. Guidance Corp.
Epstein v. Guidance Corp.
Opinion of the Court
Mitchell and Karen Epstein appeal the trial court’s final summary judgment in favor of Runabouts of Coral Springs, Inc. d/b/a Dan Marino’s Town Tavern (“Dan Marino’s”). We reverse.
On April 10, 1996, Mitchell Epstein slipped and fell on a greasy substance near a dumpster located in a common area used by the tenants of the shopping center where Epstein’s business was situated. The Epsteins filed a personal injury action against Guidance Corporation, Inc., the owner of the shopping center, and Runabouts of Coral Springs, Inc. d/b/a Dan Marino’s Town Tavern (“Dan Marino’s”), a co-tenant. On August 25, 1998, Dan Mari-no’s filed a motion for summary judgment alleging that the Epsteins failed to establish that Dan Marino’s created the dangerous condition, owed Mitchell Epstein a duty of care, and breached that duty of care. During the October 16, 1998 summary judgment hearing, appellants’ counsel informed the trial court that the depositions of Harold Bajusz and Dave Segal, employees of Dan Marino’s, had been scheduled for October 9, 1998, but were canceled by defense counsel on October 8, 1998. Counsel argued that the case was not ripe for summary judgment because discovery was not complete. The trial court allowed the hearing to proceed and granted the motion in favor of Dan Mari-no’s.
REVERSED and REMANDED.
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