Kopf v. City of Miami Beach

I respectfully dissent. The judgment should be affirmed.

The majority opinion begins with the assertion that the plaintiff had recently undergone cataract surgery. The opinion proceeds on the premise that the plaintiff suffered from impaired vision. The City contends that the condition of the sidewalk was open and obvious; the majority rejects this argument, reasoning that there is a disputed issue of material fact on the question of openness and obviousness because the plaintiff is sight-impaired.

The problem with the majority position is that it is contradicted by the record. When asked about…