TIDWELL v. SOUTHLAND CORPORATION

Citation Codes

Equivalent Citations

citation codes

Docket Number

No. AI-121.

Attorney(S)

James R. Green, of Levin, Warfield, Middlebrooks, Mabie Magie, P.A., Pensacola, for appellant. Robert D. Bell, of Fisher, Bell, Hahn, Winn Schuster, P.A., Pensacola, for appellee.

Judges

McCORD, Judge.

See more information ...

Smart Summary

Please sign up to generate summary.

MICHAEL W. TIDWELL, A MINOR, BY AND THROUGH HIS NATURAL GUARDIAN AND NEXT FRIEND, WINFRED L. TIDWELL, AND WINFRED L. TIDWELL, INDIVIDUALLY, APPELLANT, v. THE SOUTHLAND CORPORATION, APPELLEE.

McCORD, Judge.

The appellant, Michael W. Tidwell, a minor, sued The Southland Corporation for injuries he suffered when he tripped while jogging on a path on the Corporation's property and fell into a ditch. The trial court granted a summary judgment in favor of the Southland Corporation.

We find that there are disputed issues of material fact or disputed inferences to be derived from those facts regarding the condition of the path itself and the sufficiency of the lighting for this night-time accident. Accordingly, the cause was not ripe for summary judgment [Fla.R.Civ.P. 1.510(c)], and the judgment must be reversed.

Reversed and remanded for further proceedings consistent with this opinion.

ERVIN and JOANOS, JJ., concur.

MICHAEL W. TIDWELL, A MINOR, BY AND THROUGH HIS NATURAL GUARDIAN AND NEXT FRIEND, WINFRED L. TIDWELL, AND WINFRED L. TIDWELL, INDIVIDUALLY, APPELLANT, v. THE SOUTHLAND CORPORATION, APPELLEE.

Comments