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CITY OF MIAMI v. BRUNSON

No. 74-1744.

317 So.2d 122 (1975)

CITY OF MIAMI, a Municipal Corporation, Appellant, v. Jannie BRUNSON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 11, 1975.

Attorney(s) appearing for the Case

John S. Lloyd, City Atty., and Montague Rosenberg, Asst. City Atty., for appellant.

Ser & Keyfetz and Mark Poses, Miami, for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This is an appeal by the defendant, City of Miami, from a final judgment in favor of the plaintiff. The judgment is from a jury verdict based upon a complaint that the plaintiff tripped and fell over an obstruction on a City sidewalk. The right to recover in such a case where the element of the City's opportunity to discover the defect has been proved is established in City of St. Petersburg v. Roach, 1941, 148 Fla. 316, 4 So.2d 367.

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