Navison v. Winn & Lovett Tampa, Inc.

PEARSON, Associate Justice.

This is an Appeal by the plaintiff from a Summary Final Decree for defendant. The facts are not particularly in conflict. The sole point presented to this Court for consideration is whether or not the Trial Judge ruled correctly that there was no controversial issue of fact on which the case could be submitted to a Jury in consideration of the pleadings and affidavits before the Court.

The plaintiff was a customer in a SuperMarket owned and operated by the defendant corporation. While reaching for ice-cream stored in a deep-freeze unit, cans and jars allegedly struck…