THOMAS WARREN, APPELLANT,
v.
PALM BEACH COUNTY, APPELLEE
THOMAS WARREN, APPELLANT,
PALM BEACH COUNTY, APPELLEE
467 So. 2d 460
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the final summary judgment entered in favor of the county in this negligence action arising out of a diving accident in a lake at a county owned park. We believe there are genuine issues of material fact pertaining to the existence of unsafe conditions at the park, the county’s knowledge thereof, and the need and sufficiency of warnings as to those conditions. Cf Dept, of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982). Accordingly, this cause is reversed and remanded for further proceedings in accord herewith.
ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Warren v. Palm Beach Cnty., 528 So. 2d 413 (Fla. 4th DCA 1988)…rt of a park open to the public without giving any warning about the hazardous diving conditions. Upon motion, a summary judgment was entered in favor of the county which was reversed in an earlier appeal to this court. Warren v. Palm Beach County, 467 So. 2d 460 (Fla. 4th DCA), rev. denied, 478 So. 2d 54 (Fla.1985). Thereafter, the suit was tried before a jury which ultimately rendered a verdict finding the county not negligent. On appeal, appellant contends that the lower court reversibly erred in instruct…
Authorities Cited
- Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)