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MAURY v. CITY STORES COMPANY

No. 68-380.

214 So.2d 776 (1968)

Dulce MAURY and Albert Maury, Appellants, v. CITY STORES COMPANY, Appellee.

District Court of Appeal of Florida. Third District.

October 22, 1968.

Attorney(s) appearing for the Case

Leonard L. Levenstein, Jon W. Burke, Miami, for appellants.

Dean, Adams, George & Wood, Miami, for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.

PEARSON, Judge.

Mr. and Mrs. Maury appeal from a summary final judgment for the appellee in an action for personal injuries sustained by Mrs. Maury in the appellee's store.

The general rule is that the issue of negligence is to be determined by the jury rather than the judge. Strickland v. Bradford County Hospital Corp., Fla.App. 1967, 196 So.2d 765. The only question, then, is whether the uncontroverted statements made...

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