LORETTA LIZZOTTE v. CITY OF MIAMI SPRINGS

• Court: District Court of Appeal of Florida
• Decided: March 16, 2022
• Docket: 21-0947
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.

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No. 3D21-947 Lower Tribunal No. 18-36339 ________________

Loretta Lizzotte, Appellant,

vs.

City of Miami Springs, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola and Maria de Jesus Santovenia, Judges.

Law Office of Ansana D. Singh, P.A., and Ansana D. Singh, for appellant.

Cole, Scott & Kissane, P.A., and Lissette Gonzalez, for appellee The Suco Investment Group, Inc., d/b/a Woody’s West End Tavern.

Before EMAS, LOBREE and BOKOR, JJ.

PER CURIAM. Affirmed. See Shields v. Food Fair, 106 So. 2d 90, 92 (Fla. 3d DCA

1958) (“The duty owed to invitees by an occupier of premises to maintain

them in a reasonably safe condition includes and extends to approaches to

the premises which are open to invitees in connection with their business on

the premises, and which approaches are so located and constituted as to

represent an invitation to visit the place of business and to use such means

of approach”). See also Gutierrez v. Dade Cty. Sch. Bd., 604 So. 2d 852,

853 (Fla. 3d DCA 1992) (“A landowner is under a duty to invitees to maintain

his premises in a reasonably safe condition. That duty extends to the means

which the landowner has expressly provided for use by the invitees for

ingress and egress”); Marhefka v. Monte Carlo Mgmt. Corp., 358 So. 2d

1171, 1172 (Fla. 3d DCA 1978).