Henry v. ISS International Service Systems, Inc.

District Court of Appeal of Florida

Henry v. ISS International Service Systems, Inc.

627 So. 2d 115, 1993 Fla. App. LEXIS 11856, 1993 WL 492917

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 1993

DocketNo. 93—412

StatusPublished

Cited by1 cases

This text of 627 So. 2d 115 (Henry v. ISS International Service Systems, 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.

Bluebook

Henry v. ISS International Service Systems, Inc., 627 So. 2d 115, 1993 Fla. App. LEXIS 11856, 1993 WL 492917 (Fla. Ct. App. 1993).

Pincite

Opinion

ON MOTION FOR CLARIFICATION

PER CURIAM,

Evidence that the defendant, an independent contractor, had responsibility for weekly cleaning and inspection of the parking area at the time of the accident, along with the appellant’s testimony that the substance which caused her slip and fall was a wet and slick accumulation which had been present on the premises for a period of time, was sufficient to create a material issue of fact on the question of liability. For both reasons the defendant’s motion for summary judgment should have been denied. The burden is on the party moving for a summary judgment to show conclusively an absence of any genuine issue of material fact. Prudential-LMI Comm. Ins. Co. v. Sears, Roebuck & Co., 572 So.2d 15 (Fla. 3d DCA 1990).

Reversed and remanded.

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ON MOTION FOR CLARIFICATION

PER CURIAM,

Evidence that the defendant, an independent contractor, had responsibility for weekly cleaning and inspection of the parking area at the time of the accident, along with the appellant’s testimony that the substance which caused her slip and fall was a wet and slick accumulation which had been present on the premises for a period of time, was sufficient to create a material issue of fact on the question of liability. For both reasons the defendant’s motion for summary judgment should have been denied. The burden is on the party moving for a summary judgment to show conclusively an absence of any genuine issue of material fact. Prudential-LMI Comm. Ins. Co. v. Sears, Roebuck & Co., 572 So.2d 15 (Fla. 3d DCA 1990).

Reversed and remanded.

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Bluebook (online)

627 So. 2d 115, 1993 Fla. App. LEXIS 11856, 1993 WL 492917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-iss-international-service-systems-inc-fladistctapp-1993.

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