SPAULDING v. CITY OF MELBOURNE

No. 83-1809.

473 So.2d 226 (1985)

Conrad A. SPAULDING, and Betty Spaulding, His Wife, Appellants, v. CITY OF MELBOURNE, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 31 and August 1, 1985.


Attorney(s) appearing for the Case

Catherine A. Riley, of Blumenthal, Schwartz & Riley, P.A., Titusville, for appellants.

William L. Mims, Jr., of Sanders, McEwan, Mims & McDonald, Orlando, for appellee, City of Melbourne.

Mitchell J. Frank, of Rogers, Dowling and Bos, Orlando, for appellees, Southern Bell Telephone and G.H. Skipper, Inc.


ORFINGER, Judge.

The plaintiffs appeal from an adverse summary final judgment in this personal injury suit. We find that triable issues of fact exist and that defendants were not entitled to a judgment as a matter of law, so we reverse.

Plaintiffs sued the City of Melbourne (City), Southern Bell Telephone and Telegraph Company (Southern Bell) and G.H. Skipper, Inc. (Skipper) alleging that Southern Bell had caused a public sidewalk to be broken up by Skipper...

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