Opinion
Nos. 79-314, 79-562.
March 11, 1980.
Appeal from the Circuit Court, Dade County, Ira L. Dubitsky, J.
Joe N. Unger, Richard M. Walsh Associates, Miami, for appellants.
Bradford, Williams, McKay, Kimbrell, Hamann, Kennings Kniskern and John W. Wylie, Miami, for appellee.
Before BARKDULL and BASKIN, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.
This is a slip and fall case, in which the trial court entered summary judgment for the defendant.
It is a question of fact as to whether or not a parking lot constructed adjacent to the appellee's lounge, wherein a concrete bumper was placed in the lot in the proximity of a walkway which was designated to be used by the patrons, constituted a negligent design. We think this is an issue of fact which should have been resolved by a finder of fact. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Luckey v. City of Orlando, 264 So.2d 99 (Fla. 4th DCA 1972); Wills v. Sears, Roebuck Company, 351 So.2d 29 (Fla. 1977). Therefore, we reverse the summary judgment under review and return the matter to the trial court for further proceedings.
Reversed and remanded, with directions.