UPPER KEY MARINE CONSTRUCTION COMPANY, APPELLANT,
v.
ROBERT KORN AND DONALD F. MCLAIN, APPELLEES
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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.
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.
An injured driver sued a construction company and the Department of Transportation (DOT) for negligent road construction and maintenance, respectively…
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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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Postal Tel. & Cable Co. v. Bart Doyle, 123 Fla. 695 (Fla. 1936)
- Stuyvesant Corp. v. Waterhouse, 74 So. 2d 554 (Fla. 1954)
- Hattaway v. Fla. Power & Light Co., 133 So. 2d 101 (Fla. 2d DCA 1961)
- Asa E. Maige v. Ozell Cannon, 98 So. 2d 399 (Fla. 1st DCA 1957)
- Johnson v. Tropical Roofing Co., 98 So. 2d 399 (Fla. 2d DCA 1957)
- Kelson Theodore Farrington v. State, 201 So. 2d 265 (Fla. 3d DCA 1967)
- Tri-City Elec. Co. v. Hudson C. Barrs, 201 So. 2d 265 (Fla. 3d DCA 1967)