NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED AUDREY RICHARDS AND HAROLD RICHARDS v. WALT DISNEY WORLD CO ETC (2014)

District Court of Appeal 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. WALT DISNEY WORLD CO., ETC., Appellee.

Case No. 5D13–1882

Decided: May 30, 2014

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.

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.

PER CURIAM.

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