Gross v. Asphalt Material & Paving Co.

SCHWARTZ, Judge.

On April 11, 1976, the plaintiff-appellant tripped and fell while crossing Collins Avenue (State Road A1A) near its intersection with 67th Street on Miami Beach. Ms. Gross sued the present appellee, Asphalt Material & Paving Company, Inc., which was engaged in repaving the area under a contract with the Florida Department of Transportation. She claimed that it had created a “bump” or “rise” in the street which had caused the accident. The trial *855judge granted summary judgment for the defendant, which we reverse.

The primary basis of the ruling below seems to have been the…