HARRY SUSSKIND, ET AL., APPELLANTS/CROSS-APPELLEES,

v.

MARVIN TRAGASH, ET AL., APPELLEES/CROSS-APPELLANTS

Citator

Cited By

• McCRAY v. Myers, 614 So. 2d 587 (Fla. 1st DCA 1993)
  …t the drive-in owner could be liable because of its prior knowledge of an unusual and hazardous dangerous condition created by the manner in which the landowner used its property. McCray has also directed our attention to Garcia v. City of Hialeah, 550 So. 2d 1158 (Fla. 3d DCA 1989), in which the plaintiff suffered injury while leaving the defendant’s service station when his vehicle was struck by a passing motorist. The plaintiff in Garcia alleged that his vision was obscured by shrubbery. The city, and not…
• D'Attilio v. Fifth Ave. Bus. Ass'n, Inc., 710 So. 2d 117 (Fla. 2d DCA 1998)
  …ligation to police the roadways, the reasonableness of this conclusion involves a question of fact appropriate for determination by a jury. See Thompson, 680 So. 2d at 443 (level of custody and control are fact questions); Garcia v. City of Hialeah, 550 So. 2d 1158 (Fla. 3d DCA 1989) [*119] (landowner, not city, found liable for injuries to business invitee, despite the fact that the injury was caused by the city’s failure to maintain the area around the defendant’s business). This is particularly true in ligh…
• Chavez v. McDONALD'S Rest. OF Fla., Inc., 108 So. 3d 1124 (Fla. 5th DCA 2013)
  …ate Maritime Props., Inc., 631 So. 2d 375, 377 n. 1 (Fla. 1st DCA 1994) (“The issue of whether a negligent condition existed on premises generally involves disputes of material fact which will preclude summary judgment.”); Garcia v. City of Hialeah, 550 So. 2d 1158 (Fla. 3d DCA 1989) (holding that the duty of care owed includes the duty to provide reasonably safe ingress and egress). We affirm the trial court’s in li-mine ruling regarding the testimony of George Zimmerman, but note that a Frye2 hearing is not…

Authorities Cited

• Provident Nat'l Bank v. Thunderbird Assocs., 364 So. 2d 790 (Fla. 1st DCA 1978)