LEVY v. HOME DEPOT, INC.

No. 86-3082.

518 So.2d 941 (1987)

David S. LEVY and Fay Levy, Appellants, v. HOME DEPOT, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 8, 1988.


Attorney(s) appearing for the Case

Anderson, Moss, Russo, Gievers & Cohen, P.A., and Don Russo, Miami, for appellants.

Dixon, Dixon, Nicklaus & Valle and William G. Edwards, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.


JORGENSON, Judge.

The Levys appeal a summary final judgment entered in favor of Home Depot. We reverse because genuine issues of material fact exist which must be resolved by a jury.

David Levy was injured when he stepped into a ten-inch gap in an elevated sidewalk in the parking lot adjacent to the Home Depot store in the Midway Mall. At the time of the accident, he was carrying a large carton which obstructed his view of the sidewalk. The parking lot and...

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