Appellants, Tina and Jimmy DiMarco, appeal the trial court's grant of final summary judgment in favor of Appellee, Colee Court, Inc. Tina was a former tenant at Colee who brought a negligence action after she tripped and fell on a paver on the property. Tina alleged the condition of the paver had deteriorated, was "irregularly extended above the adjacent ground level," and that Colee was negligent in allowing a dangerous condition to exist without warning the residents. Colee moved for summary judgment, asserting as a matter of law it had no duty to warn Tina of an open and obvious condition that she was aware of, having lived at the apartment complex for approximately two months prior to the incident. The trial court entered an order granting Colee's motion for final summary judgment, finding the condition was open and obvious, relieving Colee of a duty to warn. We reverse the grant of summary judgment for the trial court's failure to consider whether there were material issues of fact as to Colee's duty to maintain the property.
Everett Painting Co. v. Padula & Wadsworth Constr., 856 So.2d 1059, 1061 (Fla. 4th DCA 2003).
Wolford v. Ostenbridge, 861 So.2d 455, 456 (Fla. 2d DCA 2003).
In this case, the trial court granted Colee's motion for summary judgment on the basis that the condition of the paver was open and obvious, thereby relieving Colee of the duty to warn. However, the trial court failed to complete its analysis by determining whether Colee had used reasonable care in maintaining the property. A finding that the condition
We reverse the grant of summary judgment on the basis of the trial court's failure to find that Colee used reasonable care in maintaining the property.
SHAHOOD, C.J., and MAY, J., concur.