KENLEY v. INWOOD PROPERTY INVESTMENTS, INC.

No. 4D05-2893.

931 So.2d 1053 (2006)

Gary KENLEY, Appellant, v. INWOOD PROPERTY INVESTMENTS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

June 28, 2006.


Attorney(s) appearing for the Case

John M. Howe of Lavalle, Brown, Roman & Mullins, P.A., Boca Raton, for appellant.

Ronald P. Ponzoli of Ponzoli, Wassenberg, Sperkacz & Keller, P.A., Miami, for appellee.


FARMER, J.

By summary judgment, the trial court determined that defendant could not legally be held liable in money damages for a child who fell from a dock on a seawall into an open body of water covering sharp rocks. Among other things, plaintiff alleged that the property owner was negligent in failing to erect safety barriers and warnings. In affirming, we reject the father's contention that the "open and obvious" doctrine as applied to bodies of water is not applicable...

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