MIAMI-DADE COUNTY v. HOYOS

Nos. 3D03-1402, 3D03-601.

874 So.2d 639 (2004)

MIAMI-DADE COUNTY, Appellant, v. Eliodoro HOYOS and Aleida Hoyos, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 4, 2004.


Attorney(s) appearing for the Case

Robert A. Ginsburg, County Attorney, and Eric K. Gressman, Assistant County Attorney, for appellant.

Robert Rubenstein, Miami, and Anthony J. Soto, for appellees.

Before GERSTEN, FLETCHER, and SHEPHERD, JJ.


FLETCHER, Judge.

Miami-Dade County appeals from an adverse judgment in an action for negligence, claiming failure to prove actual or constructive knowledge of the dangerous condition. We affirm.

On December 17, 1997, while walking in an alley frequently traveled by pedestrians behind the back entrance to a bank, Eliodoro Hoyos tripped and fell when his foot was caught by the edge of a manhole cover. At trial, Hoyos presented evidence that there was a defective...

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