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KINNEY v. R.H. HALT ASSOCIATES, INC.

No. 2D01-2257.

826 So.2d 328 (2002)

Michael J. KINNEY, M.D., Appellant, v. R.H. HALT ASSOCIATES, INC., d/b/a Cadstruct, Tandem Associates II, Ltd., a Florida Limited Partnership, and South Bay Framing Systems, Inc., Appellees.

District Court of Appeal of Florida, Second District.

April 3, 2002.

Attorney(s) appearing for the Case

Douglas R. Bald and David S. Maglich of Fergeson, Skipper, Shaw, Keyers, Baron & Tirabassi, P.A., Sarasota, for Appellant.

Bradley M. Bole of Rahdert, Steele & Bryan, St. Petersburg, for Appellee, R.M. Halt & Associates, Inc., d/b/a Cadstruct.

Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellee Tandem Associates, II, Ltd.

Thomas P. Whitaker and James L. Price of Whitaker & Hamilton, P.A., Bradenton, for Appellee South Bay Framing Systems, Inc.

KELLY, Judge.

Michael J. Kinney, the plaintiff in a slip and fall case, appeals from a final summary judgment in favor of the defendants. Because the record contains genuine issues of material fact as to causation, we reverse.

Kinney slipped and fell as he walked up the outdoor stairs in the back of his office building. In deposition testimony, Kinney stated that he "slipped on material." He described the material as a "powdery substance" that he believed...

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