MORALES v. COSTA

No. 81-2542.

427 So.2d 297 (1983)

Antonio B. MORALES and Maria Morales, Appellants, v. Carlos COSTA and Mary Costa, Security Mutual Casualty Company, City of Miami, and County of Dade, Appellees.

District Court of Appeal of Florida, Third District.

February 22, 1983.


Attorney(s) appearing for the Case

Joe N. Unger, Ronald C. Kopplow, Miami, for appellants.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and Diane H. Tutt, Miami, for appellees.

Before NESBITT, BASKIN and FERGUSON, JJ.


NESBITT, Judge.

The plaintiffs were injured in an intersectional automobile accident. They instituted this action against the Costas, who owned land adjacent to the intersection. The complaint alleged that the Costas obstructed the plaintiff's view of a stop sign by: (a) planting a black olive tree in the swale area; and (b) voluntarily assuming the duty of the maintenance of that area and negligently failing to fulfill...

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