Capozzi v. Acton CATV, Inc.
Florida District Courts of Appeal
Capozzi v. Acton CATV, Inc., 535 So. 2d 306 (1988)
1988 WL 123789
Dauksch, Orfinger, Sharp
Capozzi v. Acton CATV, Inc.
Opinion of the Court
The summary judgment in favor of defendant is reversed because defendant did not meet its initial burden of demonstrating the nonexistence of any genuine issue of material fact. Landers v. Milton, 370 So. 2d 368 (Fla. 1979). Issues of fact exist as to the ownership of the exposed piece of television cable over which appellant alleged she tripped, whether there was a breach of duty by appellee in failing to maintain the location of the buried television cable in a reasonably safe condition, whether there was a duty on the part of appellee to warn of a concealed peril, and finally, whether appellant in whole or in part contributed to her own injuries.
REVERSED for further proceedings.
Reference
- Full Case Name
- Marguerite CAPOZZI v. ACTON CATV, INC.
- Cited By
- 1 case
- Status
- Published