Farinas v. South Shore Hospital

District Court of Appeal of Florida

Farinas v. South Shore Hospital

730 So. 2d 1278, 1999 Fla. App. LEXIS 5666, 1999 WL 270418

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1999

DocketNo. 98-2116

StatusPublished

This text of 730 So. 2d 1278 (Farinas v. South Shore Hospital) 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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Farinas v. South Shore Hospital, 730 So. 2d 1278, 1999 Fla. App. LEXIS 5666, 1999 WL 270418 (Fla. Ct. App. 1999).

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PER CURIAM.

Mrs. Farinas walked into a low table connected to the end of a couch in the lobby of South Shore Hospital. According to the appellants, the table was next to the lobby door and obstructed the exit path from the lobby. Appellants claim that because of its location and unique design, the table was difficult to see from the direction Mrs. Farinas was exiting and, as a result, was a dangerous obstruction to the lobby exit. Appellants filed suit against South Shore Hospital alleging that Mrs. Farinas was severely and permanently injured as a direct result of the hospital’s negligence in placing a table in its lobby that obstructed the exit. South Shore Hospital moved for summary judgment. Appellants filed affidavits in opposition to the motion. After a hearing on the motion, the trial court concluded that the placement of the table was not significant and found that no hazard existed.

[1279]*1279The appellants contend, however, that because of the unique construction of the couch in question, specifically including the configuration of the attached end table, the question of whether the placement of the couch near the exit posed a hazard could only be resolved by a jury. We agree.

Accordingly, noting that the record reflects the existence of a disputed issue of material fact, we reverse and remand for further proceedings consistent herewith. See Holl v. Talcott, 191 So.2d 40 (Fla.1966).

Reversed and remanded.

LEVY and SORONDO, JJ., concur.

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PER CURIAM.

Mrs. Farinas walked into a low table connected to the end of a couch in the lobby of South Shore Hospital. According to the appellants, the table was next to the lobby door and obstructed the exit path from the lobby. Appellants claim that because of its location and unique design, the table was difficult to see from the direction Mrs. Farinas was exiting and, as a result, was a dangerous obstruction to the lobby exit. Appellants filed suit against South Shore Hospital alleging that Mrs. Farinas was severely and permanently injured as a direct result of the hospital’s negligence in placing a table in its lobby that obstructed the exit. South Shore Hospital moved for summary judgment. Appellants filed affidavits in opposition to the motion. After a hearing on the motion, the trial court concluded that the placement of the table was not significant and found that no hazard existed.

[1279]*1279The appellants contend, however, that because of the unique construction of the couch in question, specifically including the configuration of the attached end table, the question of whether the placement of the couch near the exit posed a hazard could only be resolved by a jury. We agree.

Accordingly, noting that the record reflects the existence of a disputed issue of material fact, we reverse and remand for further proceedings consistent herewith. See Holl v. Talcott, 191 So.2d 40 (Fla.1966).

Reversed and remanded.

LEVY and SORONDO, JJ., concur.

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730 So. 2d 1278, 1999 Fla. App. LEXIS 5666, 1999 WL 270418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farinas-v-south-shore-hospital-fladistctapp-1999.

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