JUAN MORI AND JEAN MORI AS PERSONAL REPRESENTATIVES OF THE ESTATE OF CINDY MORI, A DECEASED MINOR, APPELLANTS,
v.
INDUSTRIAL LEASING CORPORATION, A FOREIGN CORPORATION, APPELLEE
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PER CURIAM.
The Moris appeal an order dismissing their complaint with prejudice. We affirm.
The Moris’ minor daughter was killed when struck by a car in the Card Sound Bridge area in 1980. A wrongful death action was filed against Capeletti Brothers, Inc., the construction contractors. The complaint alleged that the contractors were negligent in failing to construct a parking area and a barricade to separate vehicular traffic from pedestrians. The trial judge granted Capeletti Brothers’ motion to dismiss, basing his decision, in part, on the holding in Slavin v. Kay, 108 So. 2d 462 (Fla.1959) (on rehearing).
In Slavin, the Florida supreme court clearly adopted the rule that a contractor is not liable for injuries to third parties caused by obvious defects or dangerous conditions which occur after the contractor has completed the work and it has been accepted by the owner. Since the defects alleged in the complaint, a lack of parking and barricades, were obvious, see Payne v. Broward County, 461 So. 2d 63 (Fla.1984), the contractor is relieved of liability under Slavin. Accordingly, we affirm the dismissal of the complaint with prejudice.
Affirmed.
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Easterday v. Masiello, 518 So. 2d 260 (Fla. 1988)…lucci, 205 So. 2d 291 (Fla.1967); Jackson v. L.A.W. Contracting Corp., 481 So. 2d 1290 (Fla. 5th DCA), review denied, 492 So. 2d 1333 (Fla.1986); Birch v. Capeletti Brothers, Inc., 478 So. 2d 454 (Fla. 3d DCA 1985); Mori v. Industrial Leasing Corp., 468 So. 2d 1066 (Fla. 3d DCA 1985); Neumann v. Davis Water & Waste, Inc., 433 So. 2d 559 (Fla. 2d DCA), petition for review denied, 441 So. 2d 632 (Fla.1983); Conley v. Coral Ridge Properties, Inc., 396 So. 2d 1220 (Fla. 4th DCA 1981); El Shorafa v. Ruprecht, 345 S…
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Kala Invs., Inc. v. Sklar, 538 So. 2d 909 (Fla. 3d DCA 1989)…nable inspection) and Birch v. Capeletti Brothers, 478 So. 2d 454 (Fla. 3d DCA 1985) (summary judgment affirmed upon conclusive evidence that defect in bridge roadbed was obvious to Department of Transportation) and Mori v. Industrial Leasing Corp., 468 So. 2d 1066 (Fla. 3d DCA 1985) (dismissal of complaint against contractors affirmed because lack of parking area and barricades constituted a patent defect) and Bryant v. First Realty Investment Corp., 396 So. 2d 1223 (Fla. 4th DCA 1981) (directed verdict affir…
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Birch v. Capeletti Bros., Inc., 478 So. 2d 454 (Fla. 3d DCA 1985)…tion, the owner of the bridge, accepted the contractor’s work and put the bridge in use some ten years earlier, the summary judgment for the defendant is affirmed. See Slavin v. Kay, 108 So. 2d 462 (Fla.1959); Mori v. Industrial Leasing Corporation, 468 So. 2d 1066 (Fla. 3d DCA 1985). Affirmed.…
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- Slavin v. Sanford KAY, 108 So. 2d 462 (Fla. 1958)
- Payne v. Broward Cnty., 461 So. 2d 63 (Fla. 1984)