D'ATTILIO v. FIFTH AVE. BUSINESS ASS'N

No. 96-05071.

710 So.2d 117 (1998)

Susan D'ATTILIO and Anthony D'Attilio, Appellants, v. FIFTH AVENUE BUSINESS ASSOCIATION, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

April 15, 1998.


Attorney(s) appearing for the Case

Michael C. Tice; and Mark Norden of Mark Norden, P.A., Fort Myers, for Appellants.

Gerald W. Pierce of Henderson, Franklin, Stares & Holt, P.A., Fort Myers, for Appellee.


QUINCE, Judge.

This case arises out of injuries suffered by Susan D'Attilio during an Oktoberfest street fair in Naples, Florida. On appeal, the D'Attilios challenge the grant of summary judgment in favor of the Fifth Avenue Business Association (the Association), the event's sponsors. Because we find that an issue of fact was raised as to the Association's duty to police the area in which Mrs. D'Attilio was injured, we reverse.

The majority of the facts in...

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