Richards v. Walt Disney World

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED AUDREY RICHARDS AND HAROLD RICHARDS, Appellants, v. Case No. 5D13-1882 WALT DISNEY WORLD CO., ETC., Appellee. ________________________________/ Opinion filed May 30, 2014 Appeal from the Circuit Court for Orange County, Walter Komanski, Judge. Amy J. Carter of Law Office of C. Todd Smith, Orlando, for Appellants. Douglas H. Stein and Stephanie Martinez of Seipp, Flick & Hosley, LLP, Lake Mary, for Appellee. PER CURIAM. We reverse the summary judgment entered in this trip-and-fall case. We conclude that questions of fact exist as to what caused Appellant to trip and whether the object that caused the trip and fall was open and obvious. See Javits v. RSMO Independence Mgmt. Consultants, Inc., 738 So. 2d 521 (Fla. 4th DCA 1999); Abes v. Publix Supermarkets, Inc., 610 So. 2d 709 (Fla. 4th DCA 1992). REVERSED and REMANDED. TORPY, C.J., SAWAYA and WALLIS, JJ., concur.

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