KMART CORP. v. DWYER

No. 94-1719.

656 So.2d 1340 (1995)

KMART CORPORATION, Appellant, v. James Philip DWYER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 21, 1995.


Attorney(s) appearing for the Case

Dwight Chamberlin, Ebbets, Armstrong & Chamberlin, Daytona Beach, for appellant.

Michael C. Huddleston, James, Zimmerman & Paul, DeLand, for appellee.


COBB, Judge.

This case turns on the question of whether the plaintiff below, James Dwyer, presented a sufficient evidentiary basis to entitle him to jury consideration of his claim that a Kmart store was negligent in some degree, causing him to slip and fall down as he entered an automatic exit door on a very rainy day.

It was Dwyer's contention that he fell after taking four steps inside the store because the floor was wet. At the time of Dwyer's fall, Kmart...

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