Whitt v. Silverman

This is an appeal from dismissal of claims against landowners, alleging that foliage growing on the landowners’ property obstructed a motorist’s vision as a result of which a motorist’s car struck two pedestrians. We affirm dismissal of the common law tort claim, but reverse in part the dismissal of the claim for violation of a Miami-Dade County ordinance.

Defendant-appellees1 (“landowners”) operate an Amoco service station on Collins Avenue on Miami Beach. While leaving the service station premises in her car, service station customer Jean Simoneau struck two pedestrians, killing one and…