Mutual Life Insurance v. Cedar Creek Inc.

SHAHOOD, Judge.

This appeal arises from entry of final summary judgment in favor of third party defendant, appellee, Cedar Creek, Inc. We reverse and remand, finding that appellee did not carry its burden of conclusively demonstrating the absence of genuine issues of material fact.

Plaintiff, Palma Maraño (“Maraño”), filed an action for negligence and damages for personal injuries caused by slipping and falling in a pool of water in an area of a shopping mall controlled by appellants as owner/operator and manager. Appellants filed a third party complaint against appellee, tenant, a waterbed…