HILLIARD v. SPEEDWAY SUPERAMERICA LLC

No. 4D99-2574.

766 So.2d 1153 (2000)

Mary HILLIARD, an individual, Appellant, v. SPEEDWAY SUPERAMERICA LLC, f/k/a Emro Marketing Company, a Delaware Limited Liability Company, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 2, 2000.


Attorney(s) appearing for the Case

Dan Cytryn of the Law Offices of Dan Cytryn, P.A., Tamarac, for appellant.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.


WARNER, C.J.

We review an order granting summary judgment in a trip and fall case, involving a step up to the door of a gas station. We hold that the affidavit of an expert which stated that failure to clearly delineate differences of elevation between the step and the driveway violates proper industry procedures, creates a material issue of fact as to whether there was negligence on the part of the owner. Therefore, we reverse.

The appellant parked in appellee...

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