Stetler v. Estate of Patterson, 91-1413
| Citation | 595 So.2d 579 |
| Decision Date | 11 March 1992 |
| Docket Number | No. 91-1413,91-1413 |
| Parties | Audrie STETLER, Appellant, v. ESTATE OF Harvey J. PATTERSON, Appellee. 595 So.2d 579, 17 Fla. L. Week. D689 |
| Court | Florida District Court of Appeals |
Michael P. Bonner of Law Offices of DeCesare & Salerno, Fort Lauderdale, for appellant.
William F. Beggs of Beggs and Vecchio, Fort Lauderdale, for appellee.
We reverse the summary judgment entered in favor of the defendant property owner in a negligence claim brought by appellant, a nurse who slipped and fell in a puddle of water on defendant's premises.
The trial court granted summary judgment on the authority of Parrish v. Matthews, 548 So.2d 725 (Fla. 3d DCA 1989). Parrish approved a summary judgment against a cleaning person hired to clean up the very condition causing her to fall. Here, although there is some dispute about appellant's duties as a nurse, we believe there was an issue of fact as to whether appellant was sufficiently on notice to expect unsafe conditions on appellee's premises so as to bar or diminish her claim.
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Greenleaf v. Amerada Hess Corp.
...DCA 1982). Similarly, evidence of the appellee's negligence alone will not allow entry of a summary judgment. Stetler v. Estate of Patterson, 595 So.2d 579 (Fla. 4th DCA 1992). On the record presented to the trial court, appellee did not successfully carry its burden of conclusively demonst......