Opinion
No. 99-0116.
Opinion filed October 6, 1999.
An appeal from the Circuit Court for Dade County, Fredricka G. Smith, Judge, L.T. No. 96-14263.
Kaplan Miller, P.A.; Deutsch Blumberg, P.A., and James C. Blecke, for appellant.
Alejandro Vilarello, City Attorney, and Manny Anon, Jr. and Myrna D. Bricker, Assistant City Attorneys, for appellee.
Before COPE, GERSTEN and SORONDO, JJ.
In this premises liability case, plaintiff's deposition testimony about the location of her fall was confusing, argumentative, and non-specific. What can be gleaned is that plaintiff denied being in the unpaved area between lanes of the parking lot or stepping on or between the concrete car "bumpers." The remaining area is paved. The photograph of the paved surface does not reveal a recess or gap which would correspond to the plaintiff's description of the place where she fell. The summary judgment is therefore affirmed.