Opinion
Case No. 2D00-1296
Opinion filed July 6, 2001.
Appeal from the Circuit Court for Collier County; Hugh D. Hayes, Judge.
Paul B. Feltman, Miami, and Mark D. Greenberg, of counsel, Hudson, New York, for Appellants.
Bonita Kneeland Brown, Tampa, for Appellees M.K. Developers, Inc., G.C.
Developers, Inc., and Michael J. Loftus. No appearance for Appellee Schindler Elevator Corporation.
Daniel Scott and his wife, Patricia Scott, appeal from a final summary judgment entered in favor of G.C. Developers of Naples, Inc. ("G.C. Developers"), the company which owned property on which Mr. Scott was injured. Mr. Scott's injuries occurred when he fell down an elevator shaft while installing water sprinklers in G.C. Developers' building which was then under construction. The Scotts' claim against G.C. Developers for owner liability was premised upon the active role it took in the construction of its building. Affidavits and depositions supporting and opposing G.C. Developers' motion for summary judgment raised issues of material fact concerning the property owner's control over the construction of the building. Because there were issues of material fact to be determined by the trier of fact, the trial court erred in granting summary judgment in favor of G.C. Developers. Accordingly, we reverse and remand.
Reversed and remanded for further proceedings consistent herewith.
PATTERSON, C.J., and NORTHCUTT and SALCINES, JJ., Concur.