Abbey Adams Logo

Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

by

Torts — Premises liability — Summary judgment — Opposing evidence — Causation — Trial court erred in granting summary judgment in favor of defendant based upon portions of plaintiff’s deposition where she testified that her foot “gave up” and collapsed where plaintiff claimed in her interrogatory responses that it was rotten wood and green slippery moss-like substance on defendant’s boardwalk that caused fall, testified in her deposition that fall was caused by condition of wood, and presented photographs and other evidence sufficient to create genuine issue for trial

50 Fla. L. Weekly D2545c

JAMI DUNLAP, Appellant, v. NEEDLE RUSH POINT OWNERS’ ASSOCIATION, INC., Appellee. 1st District. Case No. 1D2024-2012. December 3, 2025. On appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Counsel: Brian J. Lee of Morgan & Morgan, Jacksonville, for Appellant. Michael T. Stallings of Kirkland McGhee & Gann, P.A., Pensacola, for Appellee.

(PER CURIAM.) Appellant, Jami Dunlap, appeals a final summary judgment entered in favor of Appellee, Needle Rush Point Owners’ Association, Inc., in a premises liability action that Appellant filed after she fell and suffered injuries on Appellee’s property. In granting summary judgment in Appellee’s favor on the issue of causation, the trial court relied upon portions of Appellant’s deposition where she testified that her foot “gave up” and collapsed. However, not only did Appellant claim in her interrogatory responses that it was the rotten wood and green slippery moss-like substance on Appellee’s boardwalk that caused her to fall, but she also testified during her deposition that her fall was caused by the condition of the wood. She also presented photographs of the boardwalk that were taken shortly after the incident, along with the shoe she wore that day that was marked with “the green substance” from the boardwalk. By doing so, Appellant presented competent evidence that showed a genuine issue for trial. See Casey v. Mistral Condo. Ass’n, Inc., 380 So. 3d 1278, 1285 (Fla. 1st DCA 2024) (explaining that where a movant for summary judgment satisfies its initial burden of identifying the portions of the record which it believes demonstrate the absence of a genuine issue of material fact, the nonmoving party, in order to overcome the summary judgment motion, must present competent evidence that shows a genuine issue for trial); see also United States v. Stein, 881 F.3d 853, 857 (11th Cir. 2018) (“[A] litigant’s self-serving statements based on personal knowledge or observation can defeat summary judgment.”).

Accordingly, we reverse the final summary judgment and remand for further proceedings.

REVERSED and REMANDED. (LEWIS, M.K. THOMAS, and LONG, JJ., concur.)* * *

The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.