ELSIE PRAGER, APPELLANT,
v.
MARKS BROTHERS COMPANY, APPELLEE
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PER CURIAM.
The final summary judgment under review is affirmed, as it appears without genuine material dispute that the defendant herein committed no act of negligence in this case. The plaintiff herein slipped on some dirt as she was walking in a large curbside flowerbox which was being constructed by the defendant on Miracle Mile in Coral Gables, Florida. The record affirmatively demonstrates that the unfinished flowerbox did not represent, in any sense, a dangerous condition for which a warning, as urged, was necessary. This being so, summary judgment was properly entered below for the defendant. See Clark v. Lumbermans Mutual Insurance Co., 465 So. 2d 552 (Fla. 1st DCA 1985); Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA), pet. for review denied, 407 So. 2d 1102 (Fla.1981).
Affirmed.
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Citator
Cited By (13 total)
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Circle K Convenience Stores, Inc. v. Ferguson, 556 So. 2d 1207 (Fla. 5th DCA 1990)…. v. Winter Springs Community Evangelical Congregational Church, 509 So. 2d 384 (Fla. 5th DCA 1987); McAllister v. Robbins, 542 So. 2d 470 (Fla. 1st DCA 1989); Crawford v. Miller, 542 So. 2d 1050 (Fla. 3d DCA 1989); and Prager v. Marks Brothers Co., 483 So. 2d 881 (Fla. 3d DCA 1986). See also, Winn-Dixie Stores, Inc. v. Marcotte, 553 So. 2d 213 (Fla. 5th DCA 1989) and Haynes v. Lloyd, 533 So. 2d 944 (Fla. 5th DCA 1988). The order granting new trial is REVERSED. HARRIS and PETERSON, JJ., concur.…
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Dandal Dampier v. Morgan Tire & Auto, LLC, 82 So. 3d 204 (Fla. 5th DCA 2012)…occur when invitees walk on surfaces not designed for walking, such as planting beds. See City of Melbourne v. Dunn, 841 So. 2d 504 (Fla. 5th DCA 2003); Taylor v. Universal City Prop. Mgmt., 779 So. 2d 621 (Fla. 5th DCA 2001); Prager v. Marks Bros., 483 So. 2d 881 (Fla. 3d DCA 1986). [*207] In Taylor, a woman twisted and injured her knee when she stepped on the edge of one of a series of tree planters running the length of a street at Universal Studios. A metal rim circled the cut-out for the planter. The pla…
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Levy v. Home Depot, Inc., 518 So. 2d 941 (Fla. 3d DCA 1987)…olitan Dade County v. Yelvington, 392 So. 2d 911 (Fla.3d DCA) (slippery algae condition on boat launching ramp not so open and obvious as to relieve defendant of liability), rev. denied, 389 So. 2d 1113 (Fla.1980). But cf. Prager v. Marks Bros. Co., 483 So. 2d 881 (Fla. 3d DCA 1986) (unfinished flower box along curb of sidewalk did not represent dangerous condition for which warning was necessary). For the reasons stated, we reverse the summary final judgment in favor of Home Depot and remand for further pro…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)
- Cooper v. State, 396 So. 2d 258 (Fla. 1st DCA 1981)
- Clark v. Lumbermans Mut. Ins. Co. & Orange Park Assembly of God, 465 So. 2d 552 (Fla. 1st DCA 1985)