MOULTRIE v. CONSOLIDATED STORES INTERN. CORP.

No. 1D99-1875.

764 So.2d 637 (2000)

Patricia MOULTRIE and Fred Moultrie, Appellants, v. CONSOLIDATED STORES INTERNATIONAL CORPORATION, d/b/a Big Lots Store # 505, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 9, 2000.


Attorney(s) appearing for the Case

Mary Ann Patti of Kerrigan, Estess, Rankin & McLeod, Pensacola, for Appellants.

Donald F. Pierce and C. William Daniels, Jr. of Pierce, Ledyard, Latta & Wasden, P.C., Mobile, Alabama, for Appellee.


JOANOS, J.

This is an appeal of the entry of a final summary judgment with regard to appellants' negligence action against appellee, Big Lots Store # 505. The issue presented is whether the trial court erred in granting appellee's motion for summary judgment predicated on appellee's argument that it had no duty to warn because the instrument that caused injury to appellant, Patricia Moultrie, was open and obvious. We reverse.

In her deposition taken April...

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