Larosa v. Smith
Larosa v. Smith
Opinion of the Court
As to the main appeal from a judgment awarding damages to the Smiths, we affirm upon authority of Mansur v. Eubanks, 401 So.2d 1328 (Fla. 1981); Florida East Coast Railway Co. v. Sanford Shulman, 481 So.2d 965 (Fla. 3d DCA 1986); Thompson v. Rock Springs Mobile Home Park, 413 So.2d 1213 (Fla. 5th DCA 1982); and 1661 Corporation v. Snyder, 261 So.2d 362 (Fla. 1st DCA 1972).
As to the cross-appeal from the amended judgment which apportioned the money damages among the several defendants, we reverse and remand with instructions to delete such apportionment so as to restore joint and several liability as concerns the defendants.
AFFIRMED IN PART; REVERSED and REMANDED IN PART WITH INSTRUCTIONS.
Dissenting Opinion
dissents in part.
I see no legal basis for holding a residential landlord liable for injuries sustained by a lawn maintenance man employed by the tenant when the maintenance man tripped over a tree stump that he had full knowledge existed, and that the tenant had created when he cut down the tree. Since the tenant was responsible for the maintenance of the yard, and, indeed, had created the condition now complained of as dangerous in fulfillment of that responsibility, I do not think the landlord had any responsibility to third parties such as the maintenance man. See Stolzenberg v. Forte Towers South, Inc., 430 So.2d 558 (Fla. 3d DCA 1983).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.