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McCARTHY v. GARCIA MENENDEZ ENTERPRISES

No. 96-1218.

693 So.2d 75 (1997)

John McCARTHY and Christine McCarthy, Appellants, v. GARCIA MENENDEZ ENTERPRISES INC. d/b/a McDonalds Restaurant, Appellee.

District Court of Appeal of Florida, Third District.

April 30, 1997.

Attorney(s) appearing for the Case

Ratiner, Reyes & O'Shea; Arnold R. Ginsberg and Todd R. Schwartz, Miami, for appellants.

Richard A. Sherman, Fort Lauderdale; Ligman, Martin & Evans and Gregory J. Prusak, Coral Gables, Rosemary B. Wilder, Fort Lauderdale, for appellee.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

The summary judgment for the defendant is reversed because the record demonstrates genuine issues as to its negligence in maintaining its premises, comparative negligence, and legal cause.

SCHWARTZ, C.J., and GERSTEN, J., concur.

COPE, Judge (concurring).

I concur and write separately to explain why I join the reversal.

This is an appeal of a summary final judgment in a premises...

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