Capozzi v. Acton CATV, Inc.

District Court of Appeal of Florida

Capozzi v. Acton CATV, Inc.

535 So. 2d 306, 1988 WL 123789

CourtDistrict Court of Appeal of Florida

DecidedNovember 23, 1988

DocketNo. 88-857

StatusPublished

Cited by1 cases

This text of 535 So. 2d 306 (Capozzi v. Acton CATV, 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.

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Capozzi v. Acton CATV, Inc., 535 So. 2d 306, 1988 WL 123789 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The summary judgment in favor of defendant is reversed because defendant did not meet its initial burden of demonstrating the nonexistence of any genuine issue of material fact. Landers v. Milton, 370 So. 2d 368 (Fla.1979). Issues of fact exist as to the ownership of the exposed piece of television cable over which appellant alleged she tripped, whether there was a breach of duty by appellee in failing to maintain the location of the buried television cable in a reasonably safe condition, whether there was a duty on the part of appellee to warn of a concealed peril, and finally, whether appellant in whole or in part contributed to her own injuries.

REVERSED for further proceedings.

SHARP, C.J., and DAUKSCH and ORFINGER, JJ., concur.

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PER CURIAM.

The summary judgment in favor of defendant is reversed because defendant did not meet its initial burden of demonstrating the nonexistence of any genuine issue of material fact. Landers v. Milton, 370 So. 2d 368 (Fla.1979). Issues of fact exist as to the ownership of the exposed piece of television cable over which appellant alleged she tripped, whether there was a breach of duty by appellee in failing to maintain the location of the buried television cable in a reasonably safe condition, whether there was a duty on the part of appellee to warn of a concealed peril, and finally, whether appellant in whole or in part contributed to her own injuries.

REVERSED for further proceedings.

SHARP, C.J., and DAUKSCH and ORFINGER, JJ., concur.

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535 So. 2d 306, 1988 WL 123789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capozzi-v-acton-catv-inc-fladistctapp-1988.

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