GOLDBERG v. McCABE

No. 75-95.

313 So.2d 47 (1975)

Burton GOLDBERG, Appellant, v. Colleen McCabe, Appellee.

District Court of Appeal of Florida, Third District.

May 27, 1975.


Attorney(s) appearing for the Case

Adams, George, Wood, Lee, Schulte & Thompson and David L. Willing, Miami, for appellant.

Wheeler & Evans, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and NATHAN, JJ.


NATHAN, Judge.

This is an interlocutory appeal by the defendant, Goldberg, from an order of the trial court granting plaintiff McCabe's motion for summary judgment as to liability in an action for personal injuries.

Plaintiff McCabe alleges that while walking a dog at night in an unlighted area as a guest or invitee on the defendant's premises, she fell into a hole approximately three feet wide caused by deterioration of the ground above and around a septic...

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