Lee County Department of Transportation v. The Island Water Association, Inc.

SILBERMAN, Judge.

Annette Cantalupo tripped and fell over a water valve located on a county road. As a result, she filed a negligence action against Lee County Department of Transportation and The Island Water Association, Inc. Lee County appeals a final summary judgment in favor of Island Water in which the trial court determined that Island Water did not have a legal duty to repair the county road around its water valve or warn the public. Lee County is also challenging the trial court’s ruling to exclude evidence of subsequent remedial measures. Because the trial court erred as a matter of…