Opinion
No. AJ-424.
October 8, 1982. Rehearing Denied November 15, 1982.
Appeal from the Circuit Court, Escambia County, William S. Rowley, J.
Thomas C. Staples, of Mann, Lang Staples, Pensacola, for appellant.
W.H.F. Wiltshire, of Harrell, Wiltshire, Stone Swearingen, Pensacola, for appellees.
The plaintiff, Frances M. Spence, appeals from the trial court's final summary judgment in this "trip and fall" negligence action. We find that there are disputed issues of material fact or disputed inferences to be derived from those facts as to whether the alleged dangerous condition, a stepup, was a latent or patent condition and whether there was a legally sufficient distraction to justify Spence's inattention to a known danger. Accordingly, the cause was not ripe for a summary judgment and must be reversed for a trial on the merits, Fla.R. Civ.P. 1.510(c).
Reversed and remanded for further proceedings consistent with this opinion.
McCORD, BOOTH and WENTWORTH, JJ., concur.