P.F.G., INC., A FLORIDA CORPORATION, APPELLANT,

v.

SPP REAL ESTATE (CONTINENTAL PLAZA), INC., A DELAWARE CORPORATION AS SUCCESSOR TO MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Freeman v. Bellsouth Telecomms., Inc., 954 So. 2d 45 (Fla. 1st DCA 2007)
  …al evidence showing “defects which have been in existence so long that they could have been discovered by the exercise of reasonable care, and repaired.” City of Jacksonville v. Foster, 41 So. 2d 548, 549 (Fla.1949). Accord Castano v. City of Miami, 840 So. 2d 412 (Fla. 3d DCA 2003). The record discloses sufficient evidence that BellSouth had constructive notice that the manhole cover had been dislodged. It is evident from a photograph of the manhole area taken the night of Freeman’s fall that the lid had be…
• Miami-Dade Cnty. v. Eliodoro Hoyos and Aleida Hoyos, 874 So. 2d 639 (Fla. 3d DCA 2004)
  …in a reasonably safe condition, a plaintiff must show that the local government knew, or had a reasonable cause to know, of the defective condition a sufficient length of time so that it could have been repaired. See e.g., Castano v. City of Miami, 840 So. 2d 412 (Fla. 3d DCA 2003); Grier v. Metropolitan Dade County, 660 So. 2d 273 (Fla. 3d DCA 1995). Generally, the issue of constructive notice is best left to a jury when there is evidence presented in support of the existence of such notice. Lisanti v. City…

Authorities Cited

• Coast Fed. Sav. & Loan Ass'n v. Guion T. DeLOACH, 362 So. 2d 982 (Fla. 2d DCA 1978)
• Rodeway Inns OF Am. v. Alpaugh, 390 So. 2d 370 (Fla. 2d DCA 1980)
• Young v. Morris Realty Co., 569 So. 2d 813 (Fla. 1st DCA 1990)