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Mason v. McCrory Corp.
Citations: 567 So. 2d 1011; 1990 Fla. App. LEXIS 7700; 1990 WL 149797Docket: No. 90-573
Court: District Court of Appeal of Florida; October 9, 1990; Florida; State Appellate Court
Mary Mason appealed a final summary judgment favoring Consolidated Royal Corporation related to her negligence claim after slipping and falling in a McCrory Corporation retail store. Mason's amended complaint named multiple defendants, including Consolidated, which manufactured Aloe Vera Shampoo, Schoeneck Containers, Inc., and others. The plaintiff alleged that Consolidated’s negligent packaging caused the shampoo to leak onto the store floor, leading to her injuries. On the accident date, November 3, 1984, McCrory employees had reportedly swept the floors, finding no spills. However, upon Mason's fall around noon, an employee identified the substance as green shampoo, and the store manager confirmed it was Consolidated's product. Subsequent investigation by an insurance adjuster revealed that some shampoo had leaked from the packaging. The court granted Consolidated's motion for summary judgment, which Mason contested. The appellate court found that there was a genuine issue of material fact regarding Consolidated's potential negligence in packaging. The testimonies from involved parties provided sufficient grounds for a jury to question Consolidated’s liability. Since evidence allowed for multiple reasonable inferences, the court erred in granting summary judgment. The appellate court reversed the judgment and remanded the case for further proceedings.