City of South Miami v. Pytel

NESBITT, Judge.

The City of South Miami (City) and Dade County (County) have each appealed final judgments in favor of the Pytels based upon Mr. Pytel’s claim of injury arising from a trip and fall on the City’s sidewalk. Both the City and County challenge the sufficiency of the evidence to support the judgment. For the reasons stated, we reverse upon the County’s argument but affirm with respect to the City.

Mr. Pytel had just left his physician’s office when, while walking on a South Miami sidewalk, he tripped and fell receiving various injuries. There were no eyewitnesses to the event. In…