Birch v. Capeletti Brothers, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Lynch v. Norton Construction, Inc. (Wyo. 1993)
- Kala Investments, Inc. v. Sklar (Fla. Dist. Ct. App. 1989)
- Easterday v. Masiello (Fla. 1988)
- Jackson v. LAW Contracting Corp. (Fla. Dist. Ct. App. 1986)
- Cabrera v. Dept. of Natural Resources (Fla. Dist. Ct. App. 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Steven BIRCH, Appellant,
v.
CAPELETTI BROTHERS, INC., Appellee.
District Court of Appeal of Florida, Third District.
Bonnie Rippingille, Coral Gables, for appellant.
Peters, Pickle, Flynn & Niemoeller and Donna S. Catoe, Miami, for appellee.
Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.
PER CURIAM.
The defendant contractor having conclusively demonstrated that the defects in the bridge roadbed which allegedly caused the plaintiff's injury were open and obvious and that the State Department of Transportation, 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.