Schmid v. City of Miami Beach

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge. While she was walking on Lincoln Road Mall in Miami Beach, Ms. Schmid's shoe became caught in a ""decorative groove"" around a tree planted in the concrete walkway. She fell and was injured. In this appeal, we reverse a summary judgment entered below for the city because of the existence of issues of material fact concerning its liability for maintaining the condition, comparative negligence, and legal causation. See Ferla v. Metro. Dade County, 374 So. 2d 64, 66-67 (Fla. 3d DCA 1979), cert. denied, 385 So. 2d 759 (Fla. 1980); Kopf v. City of Miami Beach, 653 So. 2d 1046 (Fla. 3d DCA 1995), review denied, 662 So. 2d 931 (Fla. 1995); Capo v. State Dep't of Transp., 642 So. 2d 37 (Fla. 3d DCA 1994), review denied, 651 So. 2d 1193 (Fla. 1995); Camillo v. State Dep't of Transp., 546 So. 2d 4 (Fla. 3d DCA 1988), review denied, 547 So. 2d 1209 (Fla. 1989); Armas v. Metro. Dade County, 429 So. 2d 59 (Fla. 3d DCA 1983); Brien v. Fla. Dep't of Transp., 538 So. 2d 526 (Fla. 4th DCA 1989); State Dep't of Transp. v. Kennedy, 429 So. 2d 1210 (Fla. 2d DCA 1983).