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Florida First DCA reverses summary judgment for defendant in premises liability case involving plaintiff allegedly injured by border fence

On January 14, 2021, in Jubran v. South Lake Distribution Center, LLC, No. 1D20-238, the Florida First DCA issued a per curiam reversal of a summary judgment order that had been entered for the defendant in a premises liability case.  The plaintiff alleged that the defendant was negligent in the handling of its fencing and that the defendant failed to warn of the fence’s dangers.  The First DCA concluded that disputed material facts remain as to whether there was a fence on the border of the defendant’s property at some point in time and whether the defendant was responsible for taking it down and leaving a portion of it on the ground where plaintiff fell.  The First DCA cited Pickford v. Taylor Cnty. Sch. Dist., 298 So. 3d 707, 710 (Fla. 1st DCA 2020) (noting that an appellate court reviews a trial court’s grant of summary judgment under the de novo standard of review to ascertain whether there are any genuine issues of material fact and that the court must view the evidence and draw all inferences in the light most favorable to the non-moving party); and Williams v. Davis, 974 So. 2d 1052, 1060 (Fla. 2007) (explaining that numerous Florida cases have held that landowners were “responsible under a standard of reasonable care for conditions emanating from their property that were determined to constitute a danger and hazard to others”).

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