Dunlap v. Needle Rush Point Owners’ Association, Inc.

Summary

The Florida First District Court of Appeal reversed a final summary judgment for Needle Rush Point Owners’ Association in a premises liability action arising from Jami Dunlap’s fall on the association’s boardwalk. The court held that Dunlap presented competent evidence creating a genuine issue of material fact concerning causation, including her interrogatory responses, deposition testimony, photographs, and the substance on her shoe.

Holdings

1. Summary judgment was improper because Dunlap presented competent evidence creating a genuine issue for trial regarding whether the rotten wood and slippery green substance on the boardwalk caused her fall.

Questions Presented

1. Whether summary judgment on causation was proper when the plaintiff presented testimony, photographs, and physical evidence supporting her contention that a dangerous condition on the defendant’s boardwalk caused her fall.

Disposition

reversed_and_remanded