LANDA v. CHARLES WHITESIDE INC (1999)

District Court of Appeal of Florida,Fourth District.

Betty LANDA, Appellant, v. CHARLES S. WHITESIDE, INC., and Town of Palm Beach, Appellees.

No. 98-0675

Decided: February 03, 1999

Laurie Sine, Hallandale, for appellant. John C. Randolph of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellee Town of Palm Beach.

Following our recent precedent deciding the identical issue, Kersul v. Boca Raton Community Hosp., Inc., 711 So.2d 234 (Fla. 4th DCA 1998), we reverse the summary judgment in favor of defendant. While the Town of Palm Beach satisfactorily established that the defective condition of the difference in elevation of the path with the adjoining grass was open and obvious, the city failed to show that it had conclusively discharged its duty to maintain the property in a reasonably safe condition.

REVERSED.

FARMER, J.

GUNTHER and TAYLOR, JJ., concur.

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