Summary
affirming trial court's order granting construction contractor's motion for directed verdict on negligence count based on finding that alleged defects were "obvious"
Summary of this case from Plaza v. Fisher Development, Inc.Opinion
No. 83-1342.
May 14, 1985.
Appeal from the Circuit Court, Dade County, Jack M. Turner, J.
Horton, Perse Ginsberg and Edward Perse, Herbert W. Virgin III, Miami, for appellants.
Peters, Pickle, Flynn Niemoeller and Donna S. Catoe, Miami, for appellee.
Before NESBITT, BASKIN and FERGUSON, JJ.
The Moris appeal an order dismissing their complaint with prejudice. We affirm.
The Moris' minor daughter was killed when struck by a car in the Card Sound Bridge area in 1980. A wrongful death action was filed against Capeletti Brothers, Inc., the construction contractors. The complaint alleged that the contractors were negligent in failing to construct a parking area and a barricade to separate vehicular traffic from pedestrians. The trial judge granted Capeletti Brothers' motion to dismiss, basing his decision, in part, on the holding in Slavin v. Kay, 108 So.2d 462 (Fla. 1959) (on rehearing).
In Slavin, the Florida supreme court clearly adopted the rule that a contractor is not liable for injuries to third parties caused by obvious defects or dangerous conditions which occur after the contractor has completed the work and it has been accepted by the owner. Since the defects alleged in the complaint, a lack of parking and barricades, were obvious, see Payne v. Broward County, 461 So.2d 63 (Fla. 1984), the contractor is relieved of liability under Slavin. Accordingly, we affirm the dismissal of the complaint with prejudice.
Affirmed.