Miceli v. Lifter

The plaintiff in a personal injury action appeals a summary final judgment for the defendant. Upon this appeal, we must consider the evidentiary facts presented in the light most favorable to the party moved against who is the appellant here, and such party is entitled to the benefit of all reasonable inferences which may be drawn from the evidence. Clark v. City of Atlantic Beach, Fla.App.1960, 124 So. 2d 305.

The plaintiff-appellant-wife was a visitor at the Waikiki Motel. In walking to the beach she crossed a shuffleboard playing area and fell over a 2 x 4 piece of lumber which was fastened…