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HITCHCOCK v. F.S. DISPOSITION, INC.

No. 96-04847.

704 So.2d 1118 (1998)

Robert B. HITCHCOCK, Appellant, v. F.S. DISPOSITION, INC., a Florida corporation; Shell Oil Company, a foreign corporation; Roberto Magana; F.S. Convenience Stores, Inc., a Florida corporation; and Toni Gas & Food Stores, Inc., a Florida corporation, doing business as a general partnership under the name "REWJB Gas Investments," Appellees.

District Court of Appeal of Florida, Second District.

January 16, 1998.

Attorney(s) appearing for the Case

Carl H. Hoffman of Hoffman & Hertzig, P.A., Coral Gables, for Appellant.

Robert M. Brush of Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, for Appellees F.S. Convenience Stores, Inc. and Toni Gas & Food Stores, Inc., d/b/a REWJB Gas Investments.

QUINCE, Judge.

Robert B. Hitchcock appeals from a final summary judgment entered in his negligence action. He alleges the trial court erred in finding an absence of any genuine issue of material fact in the record as to the foreseeability elements of negligence. Because we conclude that the record and allegations of the complaint give rise to material issues of fact, we reverse.

On Christmas Eve, 1993, Robert Hitchcock went to the Farm Store located on U.S...

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