Opinion
No. 94-0334.
July 5, 1995. Rehearing Denied August 10, 1995.
Appeal from the Circuit Court, Broward County, J. Leonard Fleet, J.
Donnise A. Desouza of Law Offices of Sarah Weissbard, Hollywood, for appellant.
Glenn J. Webber and Bohdan Neswiacheny of Law Offices of Bohdan Neswiacheny, Fort Lauderdale, for appellee.
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 plaintiff's 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.