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AVERY v. OTTAWA TRUCK CORPORATION, INC.

Nos. 95-4284, 96-46.

694 So.2d 42 (1997)

Joseph AVERY and Geraldine Avery, his wife, Appellants, v. OTTAWA TRUCK CORPORATION, INC., a foreign corporation, et al., and Navieras De Puerto Rico, Inc., a corporation, et al., Appellees.

District Court of Appeal of Florida, First District.

January 22, 1997.

Attorney(s) appearing for the Case

Gregory W. Johnson of Reinman, Harrell, Johnson, Black & Mantia, P.A., Jacksonville, for Appellants.

Robert A. Cole of Cole, Stone & Stoudemire, P.A., Jacksonville, for Appellee Ottawa Truck Corporation.

R. Daniel Noey of Coker, Myers, Schickel & Sorenson, P.A., Jacksonville, for Appellees Navieras De Puerto Rico, Inc. and Puerto Rico Marine Management, Inc.

PER CURIAM.

Of the two issues raised on appeal, we reverse on issue one. The trial court erred in granting Appellee Ottawa's motion for summary judgment because Appellant's evidence created a genuine issue of material fact. Mr. Wilcoxon, Appellant's expert witness, stated in his affidavit that there was "significant crash potential on the catwalk" of the tractor, that the catwalk was a "known wor[k] space," and that "it could be expected and foreseeable that a person...

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