Legal Opinion · Concurring in part, dissenting in part

Pentecost v. Ansan Corp.

District Court of Appeal of Florida

Decided January 25, 1962No. 61-57Published

1Concurring in part, dissenting in partHendry, Judge

I believe the controlling question in this case as to Ansan’s liability is whether the landlord owed a duty to the tenant to warn her of, or cure a dangerous condition or defect which was in the sidewalk approximately one inch from its property line. The defect was in the only entrance or approach to a breezeway and bench on the landlord’s property, which tenants were invited to use.

It is my view that the landlord in this case owed a duty to the tenant to maintain not only its own property in a reasonably safe condition, but also approaches to its premises which are used by such tenant and…

2Cases cited7 opinions

  1. Cannon v. S. S. Kresge Co.Missouri Court of Appeals · 1938
  2. Shields v. Food Fair Stores of FloridaDistrict Court of Appeal of Florida · 1958
  3. Bass v. HuntSupreme Court of Kansas · 1940
  4. Blaine v. United StatesDistrict Court, E.D. Tennessee · 1951
  5. Purdy v. Loew's St. Louis Realty & Amusement Corp.Missouri Court of Appeals · 1927

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