UPPER KEY MARINE CONSTRUCTION COMPANY, APPELLANT,
v.
ROBERT KORN AND DONALD F. MCLAIN, APPELLEES

Fla. 3d DCA | 1981-06-30
No. 79-2027
Before BARKDULL and FERGUSON, JJ., and MELVIN, WOODROW M. (Ret.), Associate Judge.
400 So. 2d 189 Florida District Court of Appeal, Third District (1981)

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Synopsis

The court affirmed the directed verdicts for the construction company and the Department of Transportation, holding that the plaintiff failed to present evidence that the construction defect was latent or that the owner (DOT) had knowledge of a patent defect, thus exonerating the contractor.


Holding

The court held that the trial court did not err in directing a verdict for the construction company because the plaintiff failed to prove the defect was latent or that the owner was unaware of a patent defect, and also affirmed the directed verdict for the DOT.


Facts & Procedural History

An injured driver sued a construction company and the Department of Transportation (DOT) for negligent road construction and maintenance, respectively…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Postal Telegraph & Cable Company v. Doyle, 123 Fla. 695, 167 So. 358 (1936); Stuyvesant Corporation v. Waterhouse, 74 So. 2d 554 (Fla.1954); Maige v. Cannon, 98 So. 2d 399 (Fla. 1st DCA 1957); Hattaway v. Florida Power & Light Company, 133 So. 2d 101 (Fla. 2d DCA 1961); Tri-City Electric Co. v. Barrs, 201 So. 2d 265 (Fla. 3rd DCA 1967).


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