KIRK v. TJ PALM BEACH ASSOCIATES LIMITED PARTNERSHIP

No. 4D07-1262.

976 So.2d 694 (2008)

Glen KIRK, Appellant, v. TJ PALM BEACH ASSOCIATES LIMITED PARTNERSHIP d/b/a The Mall at Wellington Green, Appellee.

District Court of Appeal of Florida, Fourth District.

March 19, 2008.


Attorney(s) appearing for the Case

Rosenthal & Levy, P.A., West Palm Beach and Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, for appellant.

Candace Moss of Wadsworth, King & Huott, LLP, West Palm Beach, for appellee.


PER CURIAM.

Plaintiff was injured while working for a sign company when a ladder slipped on an allegedly slippery floor. The parties agree that the plaintiff was a business invitee; however, the trial court granted defendant's motion for summary judgment concluding that plaintiff had not presented any evidence from which a jury could find that the defendant had breached a duty to plaintiff.

It appears that the trial court failed to understand that the burden...

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