SAVINO v. FLA. DRIVE-IN THEATRE MGT.

No. 94-0334.

657 So.2d 62 (1995)

Frank SAVINO, Appellant, v. FLORIDA DRIVE-IN THEATRE MANAGEMENT, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 10, 1995.


Attorney(s) appearing for the Case

Donnise A. Desouza of Law Offices of Sarah Weissbard, Hollywood, for appellant.

Glenn J. Webber and Bohdan Neswiacheny of Law Offices of Bohdan Neswiacheny, Fort Lauderdale, for appellee.


FARMER, Judge.

We reverse the summary judgment in this case involving a patron of a flea market who was injured when a gust of wind knocked over a sailboard placed there by one of the vendors. We conclude that a jury could find from plaintiff's evidence that the operator of the market breached a duty to keep the premises safe for business invitees by failing to enforce its own rules governing vendors as to conditions of which the operator had prior notice.

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