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Savino v. Fla. Drive-In Theatre Mgt.

District Court of Appeal of Florida, Fourth District
Aug 10, 1995
657 So. 2d 62 (Fla. Dist. Ct. App. 1995)

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.


Summaries of

Savino v. Fla. Drive-In Theatre Mgt.

District Court of Appeal of Florida, Fourth District
Aug 10, 1995
657 So. 2d 62 (Fla. Dist. Ct. App. 1995)
Case details for

Savino v. Fla. Drive-In Theatre Mgt.

Case Details

Full title:FRANK SAVINO, APPELLANT, v. FLORIDA DRIVE-IN THEATRE MANAGEMENT, INC.…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 10, 1995

Citations

657 So. 2d 62 (Fla. Dist. Ct. App. 1995)