Walden Leasing, Inc. v. Beiswenger, Hoch & Associates, Inc.

I respectfully dissent.

It appears from the record that an issue of genuine fact exists regarding whether the defect in the construction of the roadway was patent or latent. Indemnity Insurance Company of North America filed the affidavit of a civil engineer with a specialty in traffic engineering in opposition to the motion for summary judgment. The expert opined that “[T]he defects in the design of the ramp may not have been apparent at the time that the ramp was accepted by the State of Florida, Department of Transportation.”

As this court noted in Tretten v. Irrgang, 654 So.2d 1297 (Fla.…