Escribano v. Luby Chevrolet, Inc.

District Court of Appeal of Florida

Escribano v. Luby Chevrolet, Inc.

181 So. 2d 748

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1966

DocketNo. 65-487

StatusPublished

Cited by2 cases

This text of 181 So. 2d 748 (Escribano v. Luby Chevrolet, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Escribano v. Luby Chevrolet, Inc., 181 So. 2d 748 (Fla. Ct. App. 1966).

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Opinion

SWANN, Judge.

This is an appeal from a summary final judgment entered by the trial court for the defendant, Luby Chevrolet, Inc., in a negligence action. The plaintiff, Eduardo Escribano, Sr., a business invitee of the defendant, walked into a fixed, clear, glass panel adjacent to a glass door, and received injuries as a result.

We find from an examination of the record, exhibits and briefs that a genuine issue of material fact existed as to the questions of negligence and contributory negligence which should be resolved by a jury trial. Messina v. Baldi, Fla.App.1960, 120 So.2d 819; Humphrys v. Jarrell, Fla.App.1958, 104 So.2d 404.

The summary final judgment is therefore reversed and the cause remanded for action consistent herewith.

Reversed and remanded.

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