JAUMA v. CITY OF HIALEAH

No. 3D99-0828.

758 So.2d 696 (2000)

Gilberto JAUMA and Raquel Jauma, Appellants, v. The CITY OF HIALEAH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 7, 2000.


Attorney(s) appearing for the Case

Kurzban Kurzban Weinger & Tetzeli and Helena Tetzeli, Miami, for appellants.

Akerman, Senterfitt & Eidson and Eduardo E. Neret and Alise Johnson, Miami, for appellee.

Before JORGENSON, COPE and FLETCHER, JJ.


COPE, J.

Gilberto and Raquel Jauma appeal a summary judgment in favor of the City of Hialeah in a slip-and-fall action. We reverse.

In order to widen State Road 826 within the City of Hialeah, it was necessary to relocate gas pipelines. The City issued a permit for the relocation. The contractor pumped muddy water out of the excavation and into the Jaumas' street, flooding the street, swale, and sidewalks.

The public way provided the only means of...

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