48 Fla. L. Weekly D47a PUBLIX SUPER MARKETS, INC., Appellant, v. SIERRA ALFORD, Appellee. 5th District. Case No. 5D21-2612. L.T. Case No. 2019-CA-036338-X. December 30, 2022. Appeal from the Circuit Court for Brevard County, Dale Curtis Jacobus, Judge. Counsel: Michael R. D’Lugo, of Wicker Smith O’Hara McCoy & Ford, P.A., Orlando, for Appellant. Brian J. […]
Articles
Torts — Premises liability — Trip and fall — Speed bumps — Duty to warn — Negligent maintenance — Action stemming from injuries plaintiff suffered after tripping over an unmarked speed bump at an apartment complex — No error in entering summary judgment in favor of apartment complex — Apartment complex owed no duty to warn where record shows that speed bump was open, obvious, and specifically known to plaintiff — Moreover, plaintiff admitted in deposition that she was not looking directly where she was going — Apartment complex breached no duty to exercise ordinary care to maintain premises in reasonably safe condition where nothing in record indicates that speed bump was an inherently dangerous condition that would cause injury — Even if speed bump was an inherently dangerous condition that would cause injury, speed bump was so open and obvious that apartment complex could reasonably expect plaintiff to protect herself from any purported danger
47 Fla. L. Weekly D2620a EILEEN SMITH, Appellant, v. WESTDALE ASSET MANAGEMENT, LTD. d/b/a ANGEL COVE APARTMENT HOMES, Appellee. 1st District. Case No. 1D22-231. December 12, 2022. On appeal from the Circuit Court for Escambia County. Coleman Lee Robinson, Judge. Counsel: Michael E. Fenimore of Michael E. Fenimore, P.A., Pensacola, for Appellant. Michael R. D’Lugo […]
Civil procedure — Summary judgment — Trial court abused its discretion in denying motion for rehearing of order granting summary judgment in favor of plaintiff in contract dispute, entered after defendant on three occasions filed last-minute motion for continuance of hearings on plaintiff’s motion, where evidence submitted by defendant by affidavit prior to summary judgment hearing indicating that he exercised his right to cancel in accordance with provision on face of contract established existence of material factual issue
47 Fla. L. Weekly D2636a YURGAL PASCAL, Appellant, v. BROWARD WATER CONSULTANTS, INC., etc., Appellee. 3rd District. Case No. 3D21-727. L.T. Case No. 17-22406 CC. December 14, 2022. An Appeal from the County Court for Miami-Dade County, Diana Gonzalez-Whyte, Judge. Counsel: Yurgal Pascal, in proper person. Schneider Law Firm, P.A., and Leslie Mark Schneider (Fort […]
Torts — Premises liability — Trip and fall — Speed bumps — Duty to warn — Negligent maintenance — Action stemming from injuries plaintiff suffered after tripping over an unmarked speed bump at an apartment complex — No error in entering summary judgment in favor of apartment complex — Apartment complex owed no duty to warn where record shows that speed bump was open, obvious, and specifically known to plaintiff — Moreover, plaintiff admitted in deposition that she was not looking directly where she was going — Apartment complex breached no duty to exercise ordinary care to maintain premises in reasonably safe condition where nothing in record indicates that speed bump was an inherently dangerous condition that would cause injury — Even if speed bump was an inherently dangerous condition that would cause injury, speed bump was so open and obvious that apartment complex could reasonably expect plaintiff to protect herself from any purported danger
47 Fla. L. Weekly D2620a EILEEN SMITH, Appellant, v. WESTDALE ASSET MANAGEMENT, LTD. d/b/a ANGEL COVE APARTMENT HOMES, Appellee. 1st District. Case No. 1D22-231. December 12, 2022. On appeal from the Circuit Court for Escambia County. Coleman Lee Robinson, Judge. Counsel: Michael E. Fenimore of Michael E. Fenimore, P.A., Pensacola, for Appellant. Michael R. D’Lugo […]
Torts — Automobile accident — Tractor-trailer — Vicarious liability — Dangerous instrumentality doctrine — No error in granting summary judgment in favor of defendant owner of trailer which was being pulled by the tractor that struck plaintiff’s vehicle where defendant submitted uncontroverted evidence that it did not own the tractor — Trailer itself is not a dangerous instrumentality — Unless plaintiff could allege a cause of action based on trailer alone, there was no basis for defendant’s liability for the accident caused by alleged negligent driving of the tractor
47 Fla. L. Weekly D2642a NATALIE SAUNDERS-PINNOCK, Appellant, v. COLONIAL FREIGHT SYSTEMS, INC., Appellee. 3rd District. Case No. 3D21-1822. L.T. Case No. 15-30283. December 14, 2022. An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge. Counsel: Law Offices of Anidjar & Levine, P.A., and Glen B. Levine (Fort Lauderdale), for appellant. Traub […]