Kopf v. City of Miami Beach

SCHWARTZ, Chief Judge.

The plaintiff, who had recently undergone cataract surgery, tripped and fell over a cracked and deteriorated area of a Miami Beach sidewalk. In our view, the record— including a photograph of the area where the fall took place, see Bess v. 17545 Collins Ave., Inc., 98 So.2d 490 (Fla.1957); Leon v. City of Miami, 312 So.2d 518 (Fla. 3d DCA 1975)—raises issues of negligence, comparative negligence, and causation which may properly be resolved only by a jury. Williams v. Madden, 588 So.2d 41 (Fla. 1st DCA 1991); Hogan v. Chupka, 579 So.2d 395 (Fla. 3d DCA 1991); Bryant v.…