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Hancock v. R.C. Stevens Construction Co.

Citations: 572 So. 2d 534; 1990 Fla. App. LEXIS 9121; 1990 WL 191908Docket: No. 90-0278

Court: District Court of Appeal of Florida; December 4, 1990; Florida; State Appellate Court

Narrative Opinion Summary

Final summary judgment favoring R.C. Stevens Construction Company, Lockwood Greene Engineers, Inc., and David Mize against plaintiffs James and Patricia Hancock is reversed. Mr. Hancock, an employee of Flowers Baking Company, was injured after slipping on a stairway under construction at the bakery, which lacked completed safety features, such as a rubber/vinyl covering and warning signs. Hancock alleged negligence in the management of the construction site and failure to warn or secure the area. The court identified genuine issues of material fact regarding the condition of the stairs and the defendants' negligence in supervising the construction. The case is remanded for further proceedings. DOWNEY, LETTS, and WALDEN, JJ. concur.

Legal Issues Addressed

Genuine Issues of Material Fact

Application: The court found that there were genuine issues of material fact regarding the condition of the construction site, which necessitated further judicial examination.

Reasoning: The court identified genuine issues of material fact regarding the condition of the stairs and the defendants' negligence in supervising the construction.

Negligence in Construction Site Management

Application: The case involves allegations of negligence due to inadequate site management and safety measures during construction, leading to the plaintiff's injury.

Reasoning: Hancock alleged negligence in the management of the construction site and failure to warn or secure the area.

Summary Judgment Reversal

Application: The court reversed the summary judgment that was previously in favor of the defendants, indicating that the case should proceed to further examination in the lower court.

Reasoning: Final summary judgment favoring R.C. Stevens Construction Company, Lockwood Greene Engineers, Inc., and David Mize against plaintiffs James and Patricia Hancock is reversed.