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SCHMID v. CITY OF MIAMI BEACH

No. 3D04-790.

902 So.2d 217 (2005)

Shirley SCHMID, Appellant, v. CITY OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida, Third District.

May 11, 2005.

Attorney(s) appearing for the Case

Hicks & Kneale and Dinah Stein, Miami, for appellant.

Murray H. Dubbin, City Attorney and Sheri Alden Sack, First Assistant City Attorney, for appellee.

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

While she was walking on Lincoln Road Mall in Miami Beach, Ms. Schmid's shoe became caught in a "decorative groove" around a tree planted in the concrete walkway. She fell and was injured. In this appeal, we reverse a summary judgment entered below for the city because of the existence of issues of material fact concerning its liability for maintaining the condition, comparative negligence, and legal causation. See Ferla v. Metro. Dade County...

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