Attorney(s) appearing for the Case
Abramson & Magidson and John M. Abramson, Miami, for appellant.
Robert A. Ginsburg, Miami-Dade County Attorney, and Stephen A. Stieglitz, Assistant County Attorney, for appellee.
Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.
District Court of Appeal of Florida, Third District.
Henry Smith, the plaintiff below, appeals from an order granting the County's motion for summary judgment. For the reasons that follow, we reverse.
Smith, a longshoreman, was injured on the job in 1995 when the forklift that he was operating fell into a pothole. At one time, Smith's employer had leased the site from the County; it is not clear from the record when the lease had expired. The trial court ruled that because at the time of the accident...
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