District Court of Appeal of Florida

Summary judgment determining that defendant-property owner could not legally be held liable in money damages for a child who fell from a dock on a seawall into an open body of water covering sharp rocks is affirmed over plaintiff-father's claim that the "open and obvious" doctrine as applied to bodies of water is not applicable when the victim is a young child.

Appellate Information

• Decided 06/28/2006
• Published 06/28/2006

Judges

• FARMER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• John M. Howe of Lavalle, Brown, Roman & Mullins, P.A., Boca Raton, for appellant.


• For Appellees:
  
• Ronald P. Ponzoli of Ponzoli, Wassenberg, Sperkacz & Keller, P.A., Miami, for appellee.