42
Fla. L. Weekly D884aTop of Form

Torts
— Trip and fall over water valve located on county road — Evidence —
Subsequent remedial measures

ANNETTE CANTALUPO, Appellant, v. THE
ISLAND WATER ASSOCIATION, INC., and LEE COUNTY DEPARTMENT OF TRANSPORTATION,
Appellees. 2nd District. Case No. 2D16-363. Opinion filed April 19, 2017.
Appeal from the Circuit Court for Lee County; Elizabeth V. Krier, Judge.
Counsel: Jason W. Gelinas of Morgan & Morgan, Fort Myers, for Appellant
Annette Cantalupo. Michael R. D’Lugo of Wicker, Smith, O’Hara, McCoy &
Ford, P.A., Orlando, for Appellee The Island Water Association, Inc. No appearance
for Appellee Lee County Department of Transportation.

(SILBERMAN, Judge.) In this
negligence action, Annette Cantalupo appeals a final summary judgment in favor
of The Island Water Association, Inc., in which the trial court determined that
Island Water did not have a legal duty to repair the county road around its
water valve or warn the public. Cantalupo is also challenging the trial court’s
ruling to exclude evidence of subsequent remedial measures. Lee County
Department of Transportation is challenging this same summary judgment and
order excluding evidence in a related appeal and raises the same issues that
Cantalupo raises in this appeal. For the reasons expressed in our opinion in Lee
County Department of Transportation v. Island Water Ass’n, No. 2D16-234
(Fla. 2d DCA April 19, 2017) [42 Fla. L. Weekly D884b], we reverse and remand
for further proceedings.

Reversed and remanded. (KELLY and
WALLACE, JJ., Concur.)

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