LEARY v. FIRST PROPERTY MGMT. CORP.

No. 92-1080.

613 So.2d 580 (1993)

Essie LEARY, Appellant, v. FIRST PROPERTY MANAGEMENT CORP., an Illinois corporation, Appellee.

District Court of Appeal of Florida, Third District.

February 9, 1993.


Attorney(s) appearing for the Case

Ronald S. Lowy, Miami Beach, and Sharon L. Christenbury, Miami, for appellant.

Kubicki, Draper, Gallagher & McGrane and Betsy E. Gallagher, and Julio Jaramillo, Miami, for appellee.

Before SCHWARTZ, C.J., and FERGUSON and LEVY, JJ.


PER CURIAM.

In defense of a summary judgment, the appellee relies upon an inference that a trip and fall in the vicinity of a crack in a sidewalk may have been caused by something other than the crack itself. That inference conflicts with the plaintiff's claim that the crack caused the fall and, at best, creates an issue of fact. The burden of the movant for summary judgment, to demonstrate conclusively the nonexistence of any genuine issue of law or fact on the issue...

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