Southern Bell Telephone & Telegraph Co. v. Florida Department of Transportation
Florida District Court of Appeal
668 So. 2d 1039 (1996)
- Written by Liz Nakamura, JD
Facts
Joseph Lavaniegos tripped and fell over a utility-wire anchor that was embedded in the sidewalk. Lavaniegos sued Southern Bell Telephone & Telegraph Company (Southern Bell) (plaintiff), the utility company, and the Florida Department of Transportation (DOT), among others, for injuries and damages incurred because of the trip and fall. DOT owned and maintained the relevant sidewalk. Southern Bell did not file a crossclaim for contribution against DOT. DOT filed a motion for summary judgment, arguing that Lavaniegos failed to present any evidence that DOT was liable for Lavaniegos’s injuries. The trial court granted DOT’s motion and entered summary judgment in the DOT’s favor for Lavaniegos’s claim against the DOT. Lavaniegos did not appeal. Instead, Southern Bell appealed, arguing that the DOT, as the owner and maintainer of the sidewalk, had the responsibility to keep the sidewalk clear from obstructions and tripping hazards, and that the DOT was, therefore, at least partially liable for Lavaniegos’s injuries.
Rule of Law
Issue
Holding and Reasoning (Nesbitt, J.)
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