Summary
finding unfinished curbside flowerbox in which plaintiff slipped on dirt while walking was not dangerous condition necessitating warning
Summary of this case from Trugreen Landcare, LLC v. LacapraOpinion
No. 85-1134.
March 4, 1986.
Appeal from the Circuit Court, Dade County, Moie J.L. Tendrich, J.
Horton, Perse Ginsberg and Edward Perse, Miami, Stephen Nelson, for appellant.
Ponzoli Wassenberg and Steven B. Sundook, Miami, for appellee.
Before HENDRY, HUBBART and FERGUSON, JJ.
The final summary judgment under review is affirmed, as it appears without genuine material dispute that the defendant herein committed no act of negligence in this case. The plaintiff herein slipped on some dirt as she was walking in a large curbside flower box which was being constructed by the defendant on Miracle Mile in Coral Gables, Florida. The record affirmatively demonstrates that the unfinished flower box did not represent, in any sense, a dangerous condition for which a warning, as urged, was necessary. This being so, summary judgment was properly entered below for the defendant. See Clark v. Lumbermans Mutual Insurance Co., 465 So.2d 552 (Fla. 1st DCA 1985); Cassel v. Price, 396 So.2d 258 (Fla. 1st DCA), pet. for review denied, 407 So.2d 1102 (Fla. 1981).
Affirmed.