GAYLE v. METROPOLITAN DADE COUNTY

No. 80-938.

397 So.2d 1031 (1981)

Marleen GAYLE, Appellant, v. METROPOLITAN DADE COUNTY, a Political Subdivision of the State of Florida, and Its Subsidiary, Metropolitan Transit Authority, Appellee.

District Court of Appeal of Florida, Third District.

May 12, 1981.


Attorney(s) appearing for the Case

Greene & Cooper and Joan M. Bolotin, Keyfetz & Poses, Miami, for appellant.

Robert A. Ginsburg, County Atty. and Craig H. Coller and Jack M. Sobel, Asst. County Attys., for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


PER CURIAM.

We reverse a summary final judgment which was prematurely entered against the passenger and in favor of the common carrier: (1) because there remains a question of fact as to whether the bus driver had superior vantage to observe a substance in the boarding stairwell where the passenger slipped; and (2) where there were inferences that the substance had been in the stairwell for a sufficient length of time to have been observed and removed. Packer v...

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