CARBAJO v. CITY OF HIALEAH

No. 86-2941.

514 So.2d 425 (1987)

Georgina CARBAJO, Appellant, v. CITY OF HIALEAH, Appellee.

District Court of Appeal of Florida, Third District.

November 3, 1987.


Attorney(s) appearing for the Case

Martin M. Dernis and Howard Horowitz, Miami, for appellant.

Walton, Lantaff, Schroeder & Carson and Robert L. Teitler, Miami, for appellee.

Before BARKDULL, HENDRY and BASKIN, JJ.


HENDRY, Judge.

Plaintiff, Georgina Carbajo, appeals a final summary judgment entered in favor of defendant, the City of Hialeah, in a negligence action for damages plaintiff sustained when she fell through a covering into a septic tank. In its motion for summary judgment, defendant argued that plaintiff was a trespasser, therefore, the only duty defendant owed plaintiff was to avoid willful and wanton harm to her, and upon discovery of her presence, to warn her of...

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