From Casetext: Smarter Legal Research

Thomas v. Publix Supermarkets, Inc.

District Court of Appeal of Florida, Fourth District
Apr 24, 1991
578 So. 2d 64 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-0704.

April 24, 1991.

Appeal from the Circuit Court for Broward County; Robert Lance Andrews, Judge.

Abraham L. Bassie and Hosey Hernandes of Law Offices of Abraham L. Bassie, Miami, for appellant.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham Lane, P.A., Fort Lauderdale, for appellee.


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.


Summaries of

Thomas v. Publix Supermarkets, Inc.

District Court of Appeal of Florida, Fourth District
Apr 24, 1991
578 So. 2d 64 (Fla. Dist. Ct. App. 1991)
Case details for

Thomas v. Publix Supermarkets, Inc.

Case Details

Full title:BERNICE THOMAS, APPELLANT, v. PUBLIX SUPERMARKETS, INC., APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 24, 1991

Citations

578 So. 2d 64 (Fla. Dist. Ct. App. 1991)

Citing Cases

Hilliard v. Speedway Superamerica

We conclude that discovery of similar accidents that occur at other similar locations controlled by the…