MURPHY v. BOCA RATON HOTEL PARTNERSHIP

No. 98-3311.

745 So.2d 463 (1999)

Patricia MURPHY, Appellant, v. BOCA RATON HOTEL AND CLUB, LIMITED PARTNERSHIP, Appellee.

District Court of Appeal of Florida, Fourth District.

November 17, 1999.


Attorney(s) appearing for the Case

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., and Carl S. Karmin, Karmin & Adler, P.A., Fort Lauderdale, Fort Lauderdale, for appellant.

Jeffrey F. Gordon of Broad and Cassel, West Palm Beach, for appellee.


FARMER, J.

In this personal injury action arising from a falling palm frond allegedly striking and injuring plaintiff, the trial court granted defendant's motion for summary judgment on the grounds that plaintiff could not show that defendant had actual or constructive notice of the danger from the fronds. We reverse.

Record evidence suggests that the frond in question as well as several others on palm trees in the area had reached varying stages of browning...

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