TERESITA CANTENS, AND GASTON CANTENS, HER HUSBAND, APPELLANTS,
v.
JEFF-SON, INC., A FLORIDA CORPORATION, APPELLEE
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Teresita Cantens, a hotel guest, slipped and fell on a public sidewalk in front of the Jefferson Hotel and sued the hotel owner Jeff-Son, Inc. for negligence. The court affirmed summary judgment for the defendant, holding that a hotel owner has no duty to maintain public sidewalks adjoining its property.
A hotel owner, as owner of the Jefferson Hotel, had no duty to maintain the public sidewalk where Mrs. Cantens fell. Accordingly, summary judgment in favor of Jeff-Son, Inc. was properly entered.
[1] A property owner generally has no duty to maintain a public sidewalk located in front of their property.
[2] Summary judgment is appropriate when the undisputed facts show that the accident occurred on public property and not on the defendant's premises.
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Join FLexlaw to unlock all legal intelligence“Jeff-Son, as owner of the Jefferson Hotel, had no duty to maintain the public sidewalk where Mrs. Cantens fell.”
Establishes the core holding that property owners have no duty to maintain adjacent public sidewalks.
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Join FLexlaw to unlock all legal intelligenceTeresita Cantens, a registered guest at the Jefferson Hotel on Miami Beach owned by Jeff-Son, Inc., slipped on a broken area of the public sidewalk lo…
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PER CURIAM.
Plaintiffs Teresita Cantens and her husband Gaston appeal a summary judgment in favor of the defendant, Jeff-Son, Inc., in this negligence action.
Teresita Cantens, plaintiff-appellant, was a registered guest at the Jefferson Hotel owned by the defendant Jeff-Son, Inc. and located on Miami Beach. She slipped on a broken area of the city\s sidewalk located in the front of the hotel, fell and as a result sustained serious injuries. Mrs. Cantens and her husband filed the instant action against Jeff-Son, Inc., as owner of the Jefferson Hotel, its liability insurer, Consolidated Mutual Insurance Co., and the City of Miami Beach. She alleged that Jeff-Son, Inc. was negligent in maintaining the sidewalk area in front of the hotel where she slipped and in the alternative that the City of Miami Beach1 was also negligent in maintaining the subject sidewalk. Pre-trial discovery ensued and Jeff-Son moved for summary judgment on the ground that the slip and fall occurred on the street and not on the hotel’s property. Mrs. Cantens filed an affidavit in opposition to the motion for summary judgment along with three photographs of the scene of the accident. After hearing argument of counsel, the trial court entered final summary judgment for Jeff-Son. This appeal followed.
The record evidences that the accident occurred on the public sidewalk. Jeff-Son, as owner of the Jefferson Hotel, had no duty to maintain the public sidewalk where Mrs. Cantens fell. Beattie v. City of Coral Gables, 358 So. 2d 1131 (Fla.3d DCA 1978). Accordingly, the summary judgment is affirmed.
Affirmed.
. The action against the City of Miami Beach was voluntarily dismissed.
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Murray Freundlich v. S. Seas Operating Corp., 398 So. 2d 490 (Fla. 3d DCA 1981)…PER CURIAM. An adjoining property owner has no duty to maintain a public sidewalk. Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla.3d DCA 1980), Beattie v. City of Coral Gables, 358 So. 2d 1131 (Fla.3d DCA 1978). Upon examination of the record and briefs there appears no genuine issue of material fact and defendant-appellee is entitled to a judgment as a matter of law. Hol…
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Mininson v. Allright Miami, Inc., 732 So. 2d 389 (Fla. 3d DCA 1999)…f what clearly was the municipality’s duty under Florida law, making section (b) likewise inapplicable. See Silver Palm and Roman. See also Freundlich v. South Seas Operating Corporation, 398 So. 2d 490 (Fla. 3d DCA 1981); Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla. 3d DCA 1980); Beattie v. City of Coral Gables, 358 So. 2d 1131 (Fla. 3d DCA 1978). As Section 324A of the Restatement observes, there is no essential reason why the breach of a promise, relied upon by the promisee or by a third person, with r…
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Roman v. City OF Miami, 636 So. 2d 882 (Fla. 3d DCA 1994)…ered in favor of [*883] Rolando Martinez. We affirm. See May v. Crounse, 598 So. 2d 303 (Fla. 3d DCA) (landowner under no duty to keep abutting sidewalk free of accumulated debris), rev. denied, 606 So. 2d 1165 (Fla.1992); Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla. 3d DCA 1980) (hotel has no duty to maintain abutting public sidewalk); see also Mahoney v. Burger King Corp., 600 So. 2d 1252 (Fla. 3d DCA 1992) (summary judgment for property owner appropriate where plaintiff presented no evidence that owner…
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- Beattie v. City OF Coral Gables, 358 So. 2d 1131 (Fla. 3d DCA 1978)