Opinion
Case No. 5D19-91
05-15-2020
Misty CARLSON, Individually and as Parent and Natural Guardian of K.H., a Child, Appellant, v. VOLUSIA COUNTY SCHOOLS and The City of Deland, Appellees.
Craig R. Lynd and Christopher H. Hunt, of Kaufman, Englett & Lynd, PLLC, Orlando, for Appellant. Michael J. Roper, Cindy A. Townsend and Nicholas J. Mari, of Bell & Roper, P.A., Orlando, for Appellee, City of Deland. No Appearance for Appellee, Volusia County Schools
Craig R. Lynd and Christopher H. Hunt, of Kaufman, Englett & Lynd, PLLC, Orlando, for Appellant.
Michael J. Roper, Cindy A. Townsend and Nicholas J. Mari, of Bell & Roper, P.A., Orlando, for Appellee, City of Deland.
No Appearance for Appellee, Volusia County Schools
WALLIS, J.
Misty Carlson, individually and as parent and natural guardian of K.H., appeals the final summary judgment entered in favor of the City of Deland, arguing the lower court erred because there were unresolved issues of fact. We agree.
In granting summary judgment, the trial court relied on Carlson's interrogatory answers and a video that captured the accident. After reviewing the video and interrogatory answers, we conclude that genuine issues of material fact remain as to the accident. See Skelton v. Real Estate Sols. Home Sellers, LLC, 202 So. 3d 960, 961 (Fla. 5th DCA 2016) ("If the 'slightest doubt' exists, then summary judgment must be reversed." (quoting Sierra v. Shevin, 767 So. 2d 524, 525 (Fla. 3d DCA 2000) )). In particular, we note that the video does not conclusively refute Carlson's allegations and, even if it did, summary judgment would still likely be improper at this point. See Lopez v. Wilsonart, LLC, 275 So. 3d 831, 834 (Fla. 5th DCA 2019) (holding summary judgment improper even though video evidence strongly refuted other evidence), review granted, SC19-1336, 2019 WL 5188546 (Fla. Oct. 15, 2019). Accordingly, we reverse and remand for further proceedings.
REVERSED and REMANDED.
EISNAUGLE and TRAVER, JJ., concur.