Thomas v. Publix Supermarkets, Inc.

District Court of Appeal of Florida

Thomas v. Publix Supermarkets, Inc.

578 So. 2d 64, 1991 Fla. App. LEXIS 3649, 1991 WL 61758

District Court of Appeal of Florida·Decided April 24, 1991·No. No. 90-0704·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the trial court’s final summary judgment given issues of material fact exist concerning whether the product applied to appellee's floor created a dangerous condition causing appellant’s fall. We also note that the trial court unreasonably restricted appellant’s discovery to only the store in question when the record reflects appellee used the same floor product in its other stores. See Lawrence v. Florida East Coast Railway Co., 346 So.2d 1012 (Fla.1977); Saunders v. Florida Keys Electric Co-op Ass’n., Inc., 471 So.2d 88 (Fla. 3d DCA 1985), rev. denied, 482 So.2d 348 (Fla.1986).

REVERSED and REMANDED.

ANSTEAD, DELL and FARMER, JJ., concur.

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PER CURIAM.

We reverse the trial court’s final summary judgment given issues of material fact exist concerning whether the product applied to appellee's floor created a dangerous condition causing appellant’s fall. We also note that the trial court unreasonably restricted appellant’s discovery to only the store in question when the record reflects appellee used the same floor product in its other stores. See Lawrence v. Florida East Coast Railway Co., 346 So.2d 1012 (Fla.1977); Saunders v. Florida Keys Electric Co-op Ass’n., Inc., 471 So.2d 88 (Fla. 3d DCA 1985), rev. denied, 482 So.2d 348 (Fla.1986).

REVERSED and REMANDED.

ANSTEAD, DELL and FARMER, JJ., concur.

Thomas v. Publix Supermarkets, Inc., 578 So. 2d 64, 1991 Fla. App. LEXIS 3649, 1991 WL 61758 (Fla. Ct. App. 1991).

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