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Kersul v. Boca Raton Community Hospital, Inc.

District Court of Appeal of Florida, Fourth District
May 27, 1998
711 So. 2d 234 (Fla. Dist. Ct. App. 1998)

Summary

finding "although the open and obvious nature of a hazard may discharge a landowner's duty to warn, it does not discharge the duty to maintain the property in a reasonably safe condition."

Summary of this case from Mendel v. Royal Caribbean Cruises, Ltd.

Opinion

No. 97-3871.

May 27, 1998.

Appeal from the Circuit Court, Palm Beach County, Kathleen Kroll, J.

Hope L. Plevy of Law Offices of Sarah Weissbard, Hollywood, for appellants.

Janis Brustares Keyser of Gay, Ramsey Warren, P.A., West Palm Beach, for appellee.


We reverse a summary judgment entered against Plaintiffs because there are genuine issues of material fact in this case. Plaintiffs sued Boca Raton Community Hospital after Roberta. Kersul slipped and fell on an uneven sidewalk. The hospital argued that it had no duty to warn because the uneven joint between the two concrete segments was an open and obvious danger. See Circle K Convenience Stores, Inc. v. Ferguson, 556 So.2d 1207, 1208 (Fla. 5th DCA 1990) ("Some conditions are simply so open and obvious, so common and so ordinarily innocuous, that they can be held as a matter of law to not constitute a hidden dangerous condition."). However, although the open and obvious nature of a hazard may discharge a landowner's duty to warn, it does not discharge the duty to maintain the property in a reasonably safe condition. See Lotto v. Point East Two Condominium Corp., 702 So.2d 1361 (Fla. 3d DCA 1997).

Further, Plaintiffs presented evidence that the danger was not open and obvious and that the hospital may have had notice of the dangerous condition through a prior incident. This is sufficient to overcome a motion for summary judgment. We, therefore, reverse and remand for further proceedings.

STONE, C.J., and FARMER and GROSS, JJ., concur.


Summaries of

Kersul v. Boca Raton Community Hospital, Inc.

District Court of Appeal of Florida, Fourth District
May 27, 1998
711 So. 2d 234 (Fla. Dist. Ct. App. 1998)

finding "although the open and obvious nature of a hazard may discharge a landowner's duty to warn, it does not discharge the duty to maintain the property in a reasonably safe condition."

Summary of this case from Mendel v. Royal Caribbean Cruises, Ltd.

In Kersul, the appellate court reversed a grant of summary judgment against plaintiffs who tripped on an uneven sidewalk joint on hospital property.

Summary of this case from Tanner v. Garden Cmtys.
Case details for

Kersul v. Boca Raton Community Hospital, Inc.

Case Details

Full title:Roberta KERSUL and Richard Kersul, her husband, Appellants, v. BOCA RATON…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 27, 1998

Citations

711 So. 2d 234 (Fla. Dist. Ct. App. 1998)

Citing Cases

Mendel v. Royal Caribbean Cruises, Ltd.

Additionally, Plaintiff contends that the duty to warn does not discharge Defendant from the duty to maintain…

Tanner v. Garden Cmtys.

Finally, Kersul v. Boca Raton Community Hospital, Inc., 711 So.2d 234 (Fla. 4th DCA 1998), as…