Opinion
No. 95-1672.
April 17, 1996.
An appeal from the Circuit Court for Dade County; David Tobin, Judge.
Arnold R. Ginsberg and Todd R. Schwartz; Murray B. Epstein, Miami, for appellant.
Hermelee, Stieglitz Walker and A. Blackwell Stieglitz, Miami, for appellee.
Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.
Appellant Nicolasa McGee appeals from a final summary judgment by the trial court ruling that her claims against Doris Selevan individually, a lessor of the property to McGee's employer, for injuries suffered as a result of a malfunctioning elevator were barred by the immunity provided by the workers' compensation law. We reverse upon a finding that there are material questions of fact remaining to be resolved concerning whether Selevan was actively negligent by providing a defective elevator when the premises were originally leased.