Dunlap v. Needle Rush Point Owners’ Association, 50 Fla. L. Weekly D2545 (Fla. 1st DCA Dec. 3, 2025):

In this slip and fall case, the trial court granted summary judgment based on the plaintiff’s deposition testimony that her foot “gave up and collapsed.” The trial court overlooked, however, the plaintiff’s interrogatory responses where she stated that it was rotten wood, and green slippery moss-like substance on the boardwalk that caused her to fall.

The plaintiff also testified in her deposition that the condition of the wood caused her to fall, and she presented photographs of the boardwalk that were taken shortly after the incident along with the shoes she wore, which were marked with the same green substance from the boardwalk.

This evidence created a genuine issue of material fact, requiring reversal of the summary judgment.