Gayle v. Metro. Dade Cnty., 397 So. 2d 1031 (Fla. 3d DCA 1981). · Go Syfert
Gayle v. Metro. Dade Cnty., 397 So. 2d 1031 (Fla. 3d DCA 1981). Cases Citing This Book View Copy Cite
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Marleen GAYLE
v.
METROPOLITAN DADE COUNTY, a Political Subdivision of the State of Florida, and its subsidiary, Metropolitan Transit Authority
No. 80-938.
District Court of Appeal of Florida, Third District.
May 12, 1981.
397 So. 2d 1031
1981 Fla. App. LEXIS 19781
Greene & Cooper and Joan M. Bolotin, Keyfetz & Poses, Miami, for appellant., Robert A. Ginsburg, County Atty. and Craig H. Coller and Jack M. Sobel, Asst. County Attys., for appellee.
Bas, Hendry, Kin, Nesbitt.
Published
PER CURIAM.

We reverse a summary final judgment which was prematurely entered against the passenger and in favor of the common carrier: (1) because there remains a question of fact as to whether the bus driver had superior vantage to observe a substance in the boarding stairwell where the passenger slipped; and (2) where there were inferences that the substance had been in the stairwell for a sufficient length of time to have been observed and removed. Packer v. Winston Towers One Hundred Association, Inc., 377 So.2d 46 (Fla.3d DCA 1979); Dade County v. Ware, 295 So.2d 360 (Fla.3d DCA 1974); Marlowe v. Food Fair Stores of Florida, Inc., 284 So.2d 490 (Fla.3d DCA 1973), cert. denied, 291 So.2d 205 (Fla.1974).

The summary final judgment is reversed and remanded for further proceedings.