LOEWENSTEIN v. SAFETY HARBOR SPA, INC.

No. 71-643.

260 So.2d 893 (1972)

Doris LOEWENSTEIN, Appellant, v. SAFETY HARBOR SPA, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 1972.


Attorney(s) appearing for the Case

Gilbert P. Macpherson, of Fox, Burton, George & Loeffler, Clearwater, for appellant.

Ray E. Ulmer, Jr., of Ulmer, Woodworth & Jacobs, St. Petersburg, for appellee.


PER CURIAM.

Appellant, plaintiff below, appeals a final summary judgment entered in favor of appellee, defendant in the negligence action below.

We are of the view that the deposition of appellant, the sole evidence upon which the summary judgment was bottomed, does not conclusively establish her contributory negligence as a matter of law. It is well settled "that summary judgments should be entered with caution, and that even if the evidence is uncontradicted...

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