Florida District Courts of Appeal, 1995

Savino v. Florida Drive-In Theatre Management, Inc.

Savino v. Florida Drive-In Theatre Management, Inc.
Florida District Courts of Appeal · Decided July 5, 1995 · Farmer, Gunther, Polen
657 So. 2d 62; 1995 Fla. App. LEXIS 7276; 1995 WL 390302 (Southern Reporter, Second Series)

Savino v. Florida Drive-In Theatre Management, Inc.

Opinion of the Court

FARMER, Judge.

We reverse the summary judgment in this case involving a patron of a flea market who was injured when a gust of wind knocked over a sailboard placed there by one of the vendors. We conclude that a jury could find from plaintiffs evidence that the operator of the market breached a duty to keep the premises safe for business invitees by failing to enforce its own rules governing vendors as to conditions of which the operator had prior notice.

REVERSED.

GUNTHER, C.J., and POLEN, J., concur.

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