Legal Opinion

Birch v. Capeletti Brothers, Inc.

District Court of Appeal of Florida

Decided November 12, 1985No. 85-829PublishedCited by 6 opinions

1Opinion of the Court

478 So.2d 454 (1985)

Steven BIRCH, Appellant,

v.

CAPELETTI BROTHERS, INC., Appellee.

No. 85-829.

District Court of Appeal of Florida, Third District.

November 12, 1985.

Bonnie Rippingille, Coral Gables, for appellant.

Peters, Pickle, Flynn & Niemoeller and Donna S. Catoe, Miami, for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

2Per curiam

The defendant contractor having conclusively demonstrated that the defects in the bridge roadbed which allegedly caused the plaintiff's injury were open and obvious and that the State Department of Transportation, the owner of the bridge, accepted the…

3Cases cited3 opinions

  1. Slavin v. KaySupreme Court of Florida · 1959
  2. Cabrera v. Dept. of Natural ResourcesDistrict Court of Appeal of Florida · 1985
  3. Mori v. Industrial Leasing Corp.District Court of Appeal of Florida · 1985

4Cited by6 opinions

  1. Kala Investments, Inc. v. SklarDistrict Court of Appeal of Florida · 1989
  2. Easterday v. MasielloSupreme Court of Florida · 1988
  3. Cabrera v. Dept. of Natural ResourcesDistrict Court of Appeal of Florida · 1985
  4. Jackson v. LAW Contracting Corp.District Court of Appeal of Florida · 1986
  5. Lynch v. Norton Construction, Inc.Wyoming Supreme Court · 1993

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