Maury v. City Stores Co.

PEARSON, Judge.

Mr. and Mrs. Maury appeal from a summary final judgment for the appellee in an action for personal injuries sustained by Mrs. Maury in the appellee’s store.

The general rule is that the issue of negligence is to be determined by the jury rather than the judge. Strickland v. Bradford County Hospital Corp., Fla.App.1967, 196 So.2d 765. The only question, then, is whether the uncontroverted statements made by Mrs. Maury in her deposition establish without any genuine issue of material fact that her injury was not caused by any negligence of the appellee. Viewed in the light most…