No. 4D10-4116.

91 So.3d 159 (2012)

CONTINENTAL FLORIDA MATERIALS Inc., a Florida corporation, and Victor Dominguez, Appellants, v. Harvey KUSHERMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 27, 2012.

Attorney(s) appearing for the Case

Richard A. Sherman and James W. Sherman of Richard A. Sherman, P.A., Fort Lauderdale, and Joseph Glick of Prince and Glick, P.A., Fort Lauderdale, for appellants.

Jeremy E. Slusher and Brandon Forgione of Broad and Cassel, West Palm Beach and Mark D. Gilwit of Gilwit & Associates, Boca Raton, for appellee.


A construction site accident, contractual provisions, and Fabre1 are the ingredients of this appeal. The defendants argue, among other issues, the trial court erred in entering a summary judgment in favor of the plaintiff on liability. We agree and reverse.

On the day of the accident, the defendant driver was delivering cement to the construction site. Upon entering the site and approaching the dumping area, the...

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