HIRSCHENSON v. WESTWAY INC.

No. 98-1803.

728 So.2d 1216 (1999)

David HIRSCHENSON, Appellant, v. WESTWAY INCORPORATED, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

March 24, 1999.


Attorney(s) appearing for the Case

Douglas P. Johnson, Ft. Lauderdale, for appellant.

Peterson, Bernard, Vanderberg, Zei, Geisler & Martin and Michael Acker, Ft. Lauderdale, for appellee.

Before COPE, GREEN, and FLETCHER, JJ.


COPE, J.

Plaintiff David Hirschenson appeals from an adverse final summary judgment. We conclude that genuine issues of material fact remain to be resolved, and that summary judgment should not have been entered.

While jogging, plaintiff tripped on a metal reinforcement bar that extended over the sidewalk from a small debris pile located at the edge of property owned by defendant Westway Incorporated ("owner"). Plaintiff sustained a fractured ankle. Prior...

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