Birch v. Capeletti Brothers, Inc.
This text of 478 So. 2d 454 (Birch v. Capeletti Brothers, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Steven BIRCH, Appellant,
v.
CAPELETTI BROTHERS, INC., Appellee.
District Court of Appeal of Florida, Third District.
Bonnie Rippingille, Coral Gables, for appellant.
Peters, Pickle, Flynn & Niemoeller and Donna S. Catoe, Miami, for appellee.
Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.
PER CURIAM.
The defendant contractor having conclusively demonstrated that the defects in the bridge roadbed which allegedly caused the plaintiff's injury were open and obvious and that the State Department of Transportation, the owner of the bridge, accepted the contractor's work and put the bridge in use some ten years earlier, the summary judgment for the defendant is affirmed. See Slavin v. Kay, 108 So.2d 462 (Fla. 1959); Mori v. Industrial Leasing Corporation, 468 So.2d 1066 (Fla. 3d DCA 1985).
Affirmed.
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Cite This Page — Counsel Stack
478 So. 2d 454, 10 Fla. L. Weekly 2525, 1985 Fla. App. LEXIS 16681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birch-v-capeletti-brothers-inc-fladistctapp-1985.