VLADIMIR ROLANDO AVALOS v. AMAURY DIAZ VELARDE

Third District Court of Appeal

State of Florida Opinion filed November 23, 2022.

Not final until disposition of timely filed motion for rehearing.

________________ No. 3D22-399 Lower Tribunal No. 21-5946 ________________ Vladimir Rolando Avalos, Appellant, vs. Amaury Diaz Velarde, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Mark Blumstein, Judge.

Marrero, Chamizo, Marcer Law, LP, and David T. Valero, for appellant. Green, Matzner & Kellner, P.A., and Jay B. Green (Boca Raton);

Russo Appellate Firm, P.A., and Elizabeth K. Russo, for appellee. Before FERNANDEZ, C.J., and HENDON, and LOBREE, JJ.

PER CURIAM.

Affirmed. See Brookie v. Winn-Dixie Stores, Inc., 213 So. 3d 1129, 1131-32 (Fla. 1st DCA 2017) ("Appellee[ ] did not violate any legal duty to Appellant, who observed the condition but was injured by failing to use due care for his own safety . . . . Appellee[ ] owed no duty to warn Appellant of the open and obvious condition, because Appellees' knowledge of the condition was not ‘superior’ to Appellant's.").