Gayle v. Metropolitan Dade County

District Court of Appeal of Florida

Gayle v. Metropolitan Dade County

397 So. 2d 1031, 1981 Fla. App. LEXIS 19781

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1981

DocketNo. 80-938

StatusPublished

This text of 397 So. 2d 1031 (Gayle v. Metropolitan Dade County) 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.

Bluebook

Gayle v. Metropolitan Dade County, 397 So. 2d 1031, 1981 Fla. App. LEXIS 19781 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

We reverse a summary final judgment which was prematurely entered against the passenger and in favor of the common carrier: (1) because there remains a question of fact as to whether the bus driver had superior vantage to observe a substance in the boarding stairwell where the passenger slipped; and (2) where there were inferences that the substance had been in the stairwell for a sufficient length of time to have been observed and removed. Packer v. Winston Towers One Hundred Association, Inc., 377 So.2d 46 (Fla.3d DCA 1979); Dade County v. Ware, 295 So.2d 360 (Fla.3d DCA 1974); Marlowe v. Food Fair Stores of Florida, Inc., 284 So.2d 490 (Fla.3d DCA 1973), cert. denied, 291 So.2d 205 (Fla.1974).

The summary final judgment is reversed and remanded for further proceedings.

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PER CURIAM.

We reverse a summary final judgment which was prematurely entered against the passenger and in favor of the common carrier: (1) because there remains a question of fact as to whether the bus driver had superior vantage to observe a substance in the boarding stairwell where the passenger slipped; and (2) where there were inferences that the substance had been in the stairwell for a sufficient length of time to have been observed and removed. Packer v. Winston Towers One Hundred Association, Inc., 377 So.2d 46 (Fla.3d DCA 1979); Dade County v. Ware, 295 So.2d 360 (Fla.3d DCA 1974); Marlowe v. Food Fair Stores of Florida, Inc., 284 So.2d 490 (Fla.3d DCA 1973), cert. denied, 291 So.2d 205 (Fla.1974).

The summary final judgment is reversed and remanded for further proceedings.

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Bluebook (online)

397 So. 2d 1031, 1981 Fla. App. LEXIS 19781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gayle-v-metropolitan-dade-county-fladistctapp-1981.

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