59 So. 3d 320
Fla. Dist. Ct. App.2011Background
- Plaintiffs Elizabeth Slaats and Henk Slaats sued for injuries from a fall exiting a hotel pool area.
- Defendants Sandy Lane Residential, LLC and Gansevoort South, LLC moved for summary judgment asserting the step down was an open and obvious condition.
- Plaintiffs opposed with expert affidavit contending the step down presented a unique, special hazard.
- Trial court granted summary judgment in favor of defendants.
- On appeal, plaintiffs argued discovery was not complete and genuine issues of fact existed regarding a unique hazard; defendants argued no duty to warn of open and obvious condition.
- The appellate court reversed, holding genuine issues of material fact preclude summary judgment and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether genuine issues of material fact preclude summary judgment. | Slaats; step down presented a unique, hidden hazard. | Step down is open and obvious; no duty to warn. | Yes; issues preclude summary judgment. |
| Whether discovery remaining incomplete affects the summary judgment ruling. | Discovery not complete supports denial of summary judgment. | Summary judgment appropriate despite discovery status. | Yes; not controlling to affirm. |
Key Cases Cited
- Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla.2000) (summary judgment standard in negligence matters)
- Lombard v. Exec. Elevator Serv., Inc., 545 So.2d 453 (Fla.3d DCA 1989) (expert-driven premises liability precludes summary judgment in ordinary cases)
- Javits v. RSMO Independence Mgmt. Consultants, Inc., 738 So.2d 521 (Fla.4th DCA 1999) (fact issues and inferences generally resolved by jury)
- Hadley v. Davjoy, Inc., 613 So.2d 49 (Fla.4th DCA 1992) (premises liability with disputed facts typically for jury)