Birch v. Capeletti Brothers, Inc.

Full title: STEVEN BIRCH, APPELLANT, v. CAPELETTI BROTHERS, INC., APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 12, 1985

478 So. 2d 454 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-829.

November 12, 1985.

Appeal from the Circuit Court for Dade County; Jack M. Turner, Judge.

Bonnie Rippingille, Coral Gables, for appellant.

Peters, Pickle, Flynn Niemoeller and Donna S. Catoe, Miami, for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The defendant contractor having conclusively demonstrated that the defects in the bridge roadbed which allegedly caused the plaintiff's injury were open and obvious and that the State Department of Transportation, the owner of the bridge, accepted the contractor's work and put the bridge in use some ten years earlier, the summary judgment for the defendant is affirmed. See Slavin v. Kay, 108 So.2d 462 (Fla. 1959); Mori v. Industrial Leasing Corporation, 468 So.2d 1066 (Fla. 3d DCA 1985).

Affirmed.