Opinion
No. 69-347.
July 17, 1970. Rehearing Denied September 24, 1970.
Appeal from the Circuit Court, Pinellas County, Allen C. Anderson, J.
Michael J. Freedman, of Levine Freedman, Tampa, for appellant.
Ray Ulmer, Jr., of Roney, Ulmer, Woodworth Jacobs, St. Petersburg, for appellees.
McGuire, an invitee at a beach hotel, dived from a railing at the end of a dock extending 300 feet into the Gulf and was injured. There was no sign warning of danger and whether he was actually warned was disputed. The depth of the water was not discernible. The trial judge granted summary judgment on the ground that McGuire was contributorily negligent as a matter of law. He may have been contributorily negligent as a matter of fact, but a jury must decide this. The case is governed by Brightwell v. Beem, Fla. 1956, 90 So.2d 320.
Reversed and remanded.
HOBSON, C.J., and McNULTY, J., concur.