MARIA DOLORES MAHONEY, APPELLANT,

v.

BURGER KING CORPORATION, APPELLEE

Citator

Cited By

• Colon v. Outback Steakhouse OF Fla., Inc., 721 So. 2d 769 (Fla. 3d DCA 1998)
  …izing.1 A final summary judgment was entered in Outback’s favor based upon its argument that there was no record evidence of its actual or constructive notice of the presence of the potato prior to Ms. Colon’s fall. See Mahoney v. Burger King Corp., 600 So. 2d 1252, 1253 (Fla. 3d DCA 1992); Publix Super Markets, Inc. v. Schmidt, 509 So. 2d 977, 978 (Fla. 4th DCA 1987); Marlowe v. Food Fair Stores of Fla., Inc., 284 So. 2d 490, 492 (Fla. 3d DCA 1973). We reverse upon our conclusion that a genuine issue of mater…
• Hirschenson v. Westway Inc., 728 So. 2d 1216 (Fla. 3d DCA 1999)
  …d Fair Stores of Florida, Inc. v. Patty, 109 So. 2d 5, 6 (Fla.1959); Carls Markets, Inc. v. Meyer, 69 So. 2d 789, 791-92 (Fla.1953); Haley v. Harvey Building, Inc., 168 So. 2d 330, 332 (Fla. 2d DCA 1964); see also Mahoney v. Burger King Corporation, 600 So. 2d 1252, 1253 (Fla. 3d DCA 1992)). Plaintiff contends that since Cuyahoga was an independent contractor which had undertaken to do thé demolition work, it follows that Cuyahoga is the “agent of the owner” for purposes of Sabugo and that the owner is vicario…
• Roman v. City OF Miami, 636 So. 2d 882 (Fla. 3d DCA 1994)
  …eep abutting sidewalk free of accumulated debris), rev. denied, 606 So. 2d 1165 (Fla.1992); Cantens v. Jeff-Son, Inc., 381 So. 2d 307 (Fla. 3d DCA 1980) (hotel has no duty to maintain abutting public sidewalk); see also Mahoney v. Burger King Corp., 600 So. 2d 1252 (Fla. 3d DCA 1992) (summary judgment for property owner appropriate where plaintiff presented no evidence that owner had actual or constructive knowledge of condition that allegedly caused fall). As to the claims against the City of Miami, we do n…

Authorities Cited

• Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st DCA 1991)
• Isaac v. State, 509 So. 2d 977 (Fla. 1st DCA 1987)