O'BRIEN v. WAL-MART STORES, INC.

No. 96-00193.

684 So.2d 306 (1996)

Wilma Ann O'BRIEN and Patrick M. O'Brien, her husband, Appellants, v. WAL-MART STORES, INC., a Delaware corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1996.


Attorney(s) appearing for the Case

Charles J. Morachnick and Desma L. West, Seminole, and Elizabeth P. Weimer, Clearwater, for Appellants.

Vincent M. D'Assaro and Hunter A. Hall of D'Assaro and Hall, P.A., Maitland, for Appellee.


PATTERSON, Acting Chief Judge.

In this slip-and-fall action, the trial court granted final summary judgment in favor of Wal-Mart. We reverse.

A defendant moving for summary judgment in a negligence case must show that there is no negligence or that the sole proximate cause of the injury was the negligence of the plaintiff. To establish that there was no negligence, Wal-mart must demonstrate that it owed no duty to Mrs. O'Brien or that it did not breach a duty...

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