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COHEN v. SCHRIDER

No. 87-2207.

533 So.2d 859 (1988)

David COHEN and Lynn Cohen, His Wife, Appellants, v. Inez SCHRIDER, Ariel Service Station, Inc., d/b/a Las Olas Chevron and the Southland Corp., D/B/a 7-11, a Foreign Corporation Licensed to Do Business in Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 21, 1988.

Attorney(s) appearing for the Case

Kevin A. Malone of Krupnick, Campbell, Malone & Roselli, Fort Lauderdale, and John Beranek of Klein & Beranek, P.A., West Palm Beach, for appellants.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellee-Southland Corp.

DAUKSCH, JAMES C., Jr., Associate Judge.

This is an appeal from a summary judgment in a personal injury case. We reverse.

The issue on appeal here, as in virtually all appeals from summary judgments, is whether there are any disputed issues of material fact. In personal injury cases it is rare that there is no dispute as to at least one material fact.

Here the issue centers around whether appellee, Southland, owed a duty to appellant, David Cohen,...

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