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535 So. 2d 306

Capozzi v. Acton CATV, Inc.

District Court of Appeal of Florida

Decided November 23, 1988

District Court of Appeal of Florida · decided 1988-11-23

Cited by 2 later decisions — most recently September 1994

2 state decisions

Relies on 370 So. 2d 368 - Landers v. Milton

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-23

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PER CURIAM.

¶1The summary judgment in favor of defendant is reversed because defendant did not meet its initial burden of demonstrating the nonexistence of any genuine issue of material fact. Landers v. Milton, 370 So. 2d 368 (Fla.1979). Issues of fact exist as to the ownership of the exposed piece of television cable over which appellant alleged she tripped, whether there was a breach of duty by appellee in failing to maintain the location of the buried television cable in a reasonably safe condition, whether there was a duty on the part of appellee to warn of a concealed peril, and finally, whether appellant in whole or in part contributed to her own injuries.

¶2REVERSED for further proceedings.

SHARP, C.J., and DAUKSCH and ORFINGER, JJ., concur.
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