Edlin Construction Co. v. Groh

Full title: EDLIN CONSTRUCTION CO., INC., APPELLANT, v. JOHN GROH, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 30, 1988

522 So. 2d 1001 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1797.

March 30, 1988.

Appeal from the Circuit Court, Broward County, Louis Weissing, J.

Michael W. Baker of Walton Lantaff Schroeder Carson, Fort Lauderdale, for appellant.

Marcia E. Levine of Fazio, Dawson, DiSalvo Cannon, Fort Lauderdale, for appellee.

GUNTHER, Judge.

We reverse the trial court's entry of summary judgment against Edlin Construction Company. Genuine issues of material fact remain as to whether the construction defects could have been avoided had the qualifying agent exercised due care in supervising construction, and whether the alleged negligence was the proximate cause of plaintiff's injuries. Thus, the trial court erred in entering summary judgment against Edlin Construction Company. See Gatwood v. McGee, 475 So.2d 720, 723 (Fla. 1st DCA 1985).

REVERSED AND REMANDED.

LETTS and WALDEN, JJ., concur.