WOLF v. SAM'S EAST, INC.

No. 4D12-3064.

132 So.3d 305 (2014)

Sherwin WOLF, Appellant, v. SAM'S EAST, INC. d/b/a Sunrise Sam's Club, Appellee.

District Court of Appeal of Florida, Fourth District.

January 15, 2014.


Attorney(s) appearing for the Case

Arnold R. Ginsberg of Arnold R. Ginsberg, P.A., Miami, and H. Joshua Diamond of H. Joshua Diamond, P.A., Coral Gables, for appellant.

Thomas A. Valdez of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, and David Tarlow and Michael Wood of Quintairos, Prieto, Wood & Boyer, P.A., Fort Lauderdale, for appellee.


CIKLIN, J.

Sherwin Wolf appeals the order granting final summary judgment in favor of Sam's East, Inc. ("Sam's Club"). Wolf argues the trial court erred by entering summary judgment because there was a genuine issue of material fact as to whether Sam's Club breached its duty to make the premises reasonably safe for invitees by failing to trim or remove above-ground tree roots from a landscaping area. We disagree because Sam's Club had no duty to make its landscaping...

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