Smith v. Dade Co./Seaport Dept.

Henry Smith, the plaintiff below, appeals from an order granting the County’s motion for summary judgment. For the reasons that follow, we reverse.

Smith, a longshoreman, was injured on the job in 1995 when the forklift that he was operating fell into a pothole. At one time, Smith’s employer had leased the site from the County; it is not clear from the record when the lease had expired. The trial court ruled that because at the time of the accident there was no *1251lease between the employer and the County, Smith was an uninvited licensee, and the County breached no duty to him. We reverse. “ ‘A…