WALKER v. BURDINES FEDERATED DEPT. STORES, INC.

No. 89-1025.

568 So.2d 542 (1990)

Lon WALKER, et al., Appellants, v. BURDINES FEDERATED DEPARTMENT STORES, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

October 25, 1990.


Attorney(s) appearing for the Case

Robert W. Elton of Wells, Revis, Vedder and Elton, Daytona Beach, for appellants.

Cynthia Z. Mackinnon of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, Orlando, for appellee.


GRIFFIN, Judge.

Appellants seek review of a summary final judgment in a trip and fall case. We reverse.

Bryan Walker, a nine year old boy, was injured when he fell over a shoe lying on the floor in the shoe department of the Burdines Department Store in Altamonte Springs, Florida. He had accompanied his parents as they shopped at the store, which was quite busy due to a major sale.

According to the affidavits and deposition testimony of Bryan's parents...

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