BURTON v. MDC PGA PLAZA CORP.

No. 4D10-3000.

78 So.3d 732 (2012)

Janet K. BURTON, Appellant, v. MDC PGA PLAZA CORP., and Holiday CVS, LLC d/b/a CVS/Pharmacy # 5141, Appellees.

District Court of Appeal of Florida, Fourth District.

February 8, 2012.


Attorney(s) appearing for the Case

Robert T. Bergin, Jr. of Robert T. Bergin, Jr., P.A., West Palm Beach and Bard D. Rockenbach and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach for appellant.

Scott A. Cole and Kirsten A. Tajak of Cole, Scott & Kissane, P.A., for Appellee-MDC PGA Plaza Corp., and James C. Sawran and Camillee E. Blanton of McIntosh, Sawran & Cartaya, P.A., West Palm Beach for Appellee-Holiday CVS, L.L.C.


TAYLOR, J.

In this premises liability case, the plaintiff, Janet K. Burton, appeals a final summary judgment entered in favor of the defendants, MDC PGA Plaza Corp. (MDC) and Holiday CVS (CVS). The trial court granted summary judgment upon its finding that the defendants were not under a duty to warn the plaintiff of a pothole on the premises, or repair it, because the plaintiff was aware of its presence and condition when she tripped over it. Although the plaintiff...

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