O'Brien v. Wal-Mart Stores, Inc.

District Court of Appeal of Florida

O'Brien v. Wal-Mart Stores, Inc.

684 So. 2d 306, 1996 Fla. App. LEXIS 13059, 1996 WL 721563

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 1996

DocketNo. 96-00193

StatusPublished

This text of 684 So. 2d 306 (O'Brien v. Wal-Mart 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.

Bluebook

O'Brien v. Wal-Mart Stores, Inc., 684 So. 2d 306, 1996 Fla. App. LEXIS 13059, 1996 WL 721563 (Fla. Ct. App. 1996).

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Opinion

PATTERSON, Acting Chief Judge.

In this slip-and-fall action, the trial court granted final summary judgment in favor of Wal-Mart. We reverse.

A defendant moving for summary judgment in a negligence case must show that there is no negligence or that the sole proximate cause of the injury was the negligence of the plaintiff. To establish that there was no negligence, Wal-mart must demonstrate that it owed no duty to Mrs. O’Brien or that it did not breach a duty which it owed. See Bryant v. Lucky Stores, Inc., 577 So.2d 1347 (Fla. 2d DCA 1990). Because there are material issues of fact in this regard which the trier of fact must resolve, we reverse the final summary judgment and remand for further proceedings.

. Reversed and remanded.

ALTENBERND and LAZZARA, JJ., concur.

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PATTERSON, Acting Chief Judge.

In this slip-and-fall action, the trial court granted final summary judgment in favor of Wal-Mart. We reverse.

A defendant moving for summary judgment in a negligence case must show that there is no negligence or that the sole proximate cause of the injury was the negligence of the plaintiff. To establish that there was no negligence, Wal-mart must demonstrate that it owed no duty to Mrs. O’Brien or that it did not breach a duty which it owed. See Bryant v. Lucky Stores, Inc., 577 So.2d 1347 (Fla. 2d DCA 1990). Because there are material issues of fact in this regard which the trier of fact must resolve, we reverse the final summary judgment and remand for further proceedings.

. Reversed and remanded.

ALTENBERND and LAZZARA, JJ., concur.

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Bluebook (online)

684 So. 2d 306, 1996 Fla. App. LEXIS 13059, 1996 WL 721563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-wal-mart-stores-inc-fladistctapp-1996.

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