Loewenstein v. Safety Harbor Spa, Inc.

Appellant, plaintiff below, appeals a final summary judgment entered in favor of appellee, defendant in the negligence action below.

We are of the view that the deposition of appellant, the sole evidence upon which the summary judgment was bottomed, does not conclusively establish her contributory negligence as a matter of law. It is well settled “that summary judgments should be entered with caution, and that even if the evidence is uncontradicted, the trial court lacks the authority to enter a summary judgment if the evidence is susceptible to conflicting inferences.”1 In addition, other…