Kmart Corp. v. Dwyer

656 So.2d 1340 (1995)

KMART CORPORATION, Appellant,

v.

James Philip DWYER, Appellee.

No. 94-1719.

District Court of Appeal of Florida, Fifth District.

June 16, 1995.

Rehearing Denied July 21, 1995.

Dwight Chamberlin, Ebbets, Armstrong & Chamberlin, Daytona Beach, for appellant.

Michael C. Huddleston, James, Zimmerman & Paul, DeLand, for appellee.

COBB, Judge.

This case turns on the question of whether the plaintiff below, James Dwyer, presented a sufficient evidentiary basis to entitle him to jury consideration of his claim that a Kmart store was negligent in some degree, causing him to slip and fall…