Fogel v. Winn Dixie Stores, Inc.

District Court of Appeal of Florida

Fogel v. Winn Dixie Stores, Inc.

407 So. 2d 1054, 1981 Fla. App. LEXIS 22087

CourtDistrict Court of Appeal of Florida

DecidedDecember 29, 1981

DocketNos. 81-566, 81-896

StatusPublished

Cited by2 cases

This text of 407 So. 2d 1054 (Fogel v. Winn Dixie Stores, 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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Fogel v. Winn Dixie Stores, Inc., 407 So. 2d 1054, 1981 Fla. App. LEXIS 22087 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

We reverse the summary judgment entered in favor of the defendants, Jefferson Stores, Inc., the shopping center owner, and Winn Dixie Stores, Inc., Jefferson’s tenant and operator of a grocery store, upon a holding that, viewing the evidence most favorably to the plaintiffs, there exist genuine and material issues of fact precluding the entry of summary judgment, Wills v. Sears, Roebuck & Company, 351 So.2d 29 (Fla.1977), Holl v. Talcott, 191 So.2d 40 (Fla.1966), including (a) whether the ramp upon which Betty Fogel says she fell was negligently designed by Winn Dixie and, if so, the design negligently approved by Jefferson; and (b) whether the purpose and location of the ramp were such that Jefferson or Winn Dixie, or both, had a duty to maintain it, and whether such duty was breached. Our holding that summary judgment was improper requires us to reverse the separate cost judgment entered in favor of the defendants and obviates the necessity of addressing other grounds for reversal asserted by the plaintiffs.

Reversed and remanded.

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PER CURIAM.

We reverse the summary judgment entered in favor of the defendants, Jefferson Stores, Inc., the shopping center owner, and Winn Dixie Stores, Inc., Jefferson’s tenant and operator of a grocery store, upon a holding that, viewing the evidence most favorably to the plaintiffs, there exist genuine and material issues of fact precluding the entry of summary judgment, Wills v. Sears, Roebuck & Company, 351 So.2d 29 (Fla.1977), Holl v. Talcott, 191 So.2d 40 (Fla.1966), including (a) whether the ramp upon which Betty Fogel says she fell was negligently designed by Winn Dixie and, if so, the design negligently approved by Jefferson; and (b) whether the purpose and location of the ramp were such that Jefferson or Winn Dixie, or both, had a duty to maintain it, and whether such duty was breached. Our holding that summary judgment was improper requires us to reverse the separate cost judgment entered in favor of the defendants and obviates the necessity of addressing other grounds for reversal asserted by the plaintiffs.

Reversed and remanded.

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407 So. 2d 1054, 1981 Fla. App. LEXIS 22087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fogel-v-winn-dixie-stores-inc-fladistctapp-1981.

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