Landa v. Charles S. Whiteside, Inc.

725 So. 2d 1266, 1999 Fla. App. LEXIS 838, 1999 WL 44457
District Court of Appeal of Florida·Decided February 3, 1999·No. No. 98-0675·Published·Cited by 1 cases

Opinion

FARMER, J.

Following our recent precedent deciding the identical issue, Kersul v. Boca Raton Community Hosp., Inc., 711 So.2d 234 (Fla. 4th DCA 1998), we reverse the summary judgment in favor of defendant. While the Town of Palm Beach satisfactorily established that the defective condition of the difference in elevation of the path with the adjoining grass was open and obvious, the city failed to show that it had conclusively discharged its duty to maintain the property in a reasonably safe condition.

REVERSED.

GUNTHER and TAYLOR, JJ., concur.

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Landa v. Charles S. Whiteside, Inc., 725 So. 2d 1266, 1999 Fla. App. LEXIS 838, 1999 WL 44457 (Fla. Ct. App. 1999).

725 So. 2d 1266 (Landa v. Charles S. Whiteside, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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