Mazyck v. Caribbean Lawn, Inc.

I respectfully dissent and believe the trial court should be affirmed on the authority of Ruiz v. Westbrooke, 559 So.2d 1172 (Fla. 3d DCA 1990); Meyer v. Torrey, 452 So.2d 672 (Fla. 2d DCA 1984) and Cassel v. Price, 396 So.2d 258 (Fla. 1st DCA 1981). If there is no liability for planting a tree with thorns next to a play area, or placing broken concrete blocks under a tree, or placing bricks that form a border under a tree, I do not see any basis for liability in the instant action. Just because an accident happens does not make it foreseeable. There was no evidence that at any time prior to…