SPENCE v. PEN AIR FEDERAL CREDIT UNION

No. AJ-424.

421 So.2d 20 (1982)

Frances M. SPENCE, Appellant, v. PEN AIR FEDERAL CREDIT UNION and Cumis Insurance Society, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 15, 1982.


Attorney(s) appearing for the Case

Thomas C. Staples, of Mann, Lang & Staples, Pensacola, for appellant.

W.H.F. Wiltshire, of Harrell, Wiltshire, Stone & Swearingen, Pensacola, for appellees.


PER CURIAM.

The plaintiff, Frances M. Spence, appeals from the trial court's final summary judgment in this "trip and fall" negligence action. We find that there are disputed issues of material fact or disputed inferences to be derived from those facts as to whether the alleged dangerous condition, a stepup, was a latent or patent condition and whether there was a legally sufficient distraction to justify Spence's inattention to a known danger. Accordingly, the cause...

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