VLADIMIR ROLANDO AVALOS v. AMAURY DIAZ VELARDE

• Court: District Court of Appeal of Florida
• Decided: November 23, 2022
• Docket: 22-0399
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 23, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-399 Lower Tribunal No. 21-5946 ________________

Vladimir Rolando Avalos, Appellant,

vs.

Amaury Diaz Velarde, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge.

Marrero, Chamizo, Marcer Law, LP, and David T. Valero, for appellant.

Green, Matzner & Kellner, P.A., and Jay B. Green (Boca Raton); Russo Appellate Firm, P.A., and Elizabeth K. Russo, for appellee.

Before FERNANDEZ, C.J., and HENDON, and LOBREE, JJ.

PER CURIAM. Affirmed. See Brookie v. Winn-Dixie Stores, Inc., 213 So. 3d 1129,

1131-32 (Fla. 1st DCA 2017) ("Appellee[ ] did not violate any legal duty to

Appellant, who observed the condition but was injured by failing to use due

care for his own safety . . . . Appellee[ ] owed no duty to warn Appellant of

the open and obvious condition, because Appellees' knowledge of the

condition was not ‘superior’ to Appellant's.").