Mori v. Industrial Leasing Corp., 83-1342

Decision Date14 May 1985
Docket NumberNo. 83-1342,83-1342
Parties10 Fla. L. Weekly 1205 Juan MORI and Jean Mori as Personal Representatives of the Estate of Cindy Mori, a deceased minor, Appellants, v. INDUSTRIAL LEASING CORPORATION, a foreign corporation, Appellee.
CourtFlorida District Court of Appeals

Horton, Perse & Ginsberg and Edward Perse, Herbert W. Virgin III, Miami, for appellants.

Peters, Pickle, Flynn & Niemoeller and Donna S. Catoe, Miami, for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.

PER CURIAM.

The Moris appeal an order dismissing their complaint with prejudice. We affirm.

The Moris' minor daughter was killed when struck by a car in the Card Sound Bridge area in 1980. A wrongful death action was filed against Capeletti Brothers, Inc., the construction contractors. The complaint alleged that the contractors were negligent in failing to construct a parking area and a barricade to separate vehicular traffic from pedestrians. The trial judge granted Capeletti Brothers' motion to dismiss, basing his decision, in part, on the holding in Slavin v. Kay, 108 So.2d 462 (Fla.1959) (on rehearing).

In Slavin, the Florida supreme court clearly adopted the rule that a contractor is not liable for injuries to third parties caused by obvious defects or dangerous conditions which occur after the contractor has completed the work and it has been accepted by the owner. Since the defects alleged in the complaint, a lack of parking and barricades, were obvious, see Payne v. Broward County, 461 So.2d 63 (Fla.1984), the contractor is relieved of liability under Slavin. Accordingly, we affirm the dismissal of the complaint with prejudice.

Affirmed.

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5 cases
  • Lynch v. Norton Const., Inc.
    • United States
    • United States State Supreme Court of Wyoming
    • October 25, 1993
    ...denied, 492 So.2d 1333 (Fla.1986); Birch v. Capeletti Bros., Inc., 478 So.2d 454 (Fla.Dist.Ct.App.1985); Mori v. Industr. Leasing Corp., 468 So.2d 1066 (Fla.Dist.Ct.App.1985); Neumann v. Davis Water & Waste, Inc., 433 So.2d 559 (Fla.Dist.Ct.App.), review denied, 441 So.2d 632 (Fla.1983); Co......
  • Kala Investments, Inc. v. Sklar
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 1989
    ...upon conclusive evidence that defect in bridge roadbed was obvious to Department of Transportation) and Mori v. Industrial Leasing Corp., 468 So.2d 1066 (Fla. 3d DCA 1985) (dismissal of complaint against contractors affirmed because lack of parking area and barricades constituted a patent d......
  • Easterday v. Masiello
    • United States
    • United States State Supreme Court of Florida
    • January 7, 1988
    ...review denied, 492 So.2d 1333 (Fla.1986); Birch v. Capeletti Brothers, Inc., 478 So.2d 454 (Fla. 3d DCA 1985); Mori v. Industrial Leasing Corp., 468 So.2d 1066 (Fla. 3d DCA 1985); Neumann v. Davis Water & Waste, Inc., 433 So.2d 559 (Fla. 2d DCA), petition for review denied, 441 So.2d 632 (F......
  • Plaza v. Fisher Development, Inc.
    • United States
    • Court of Appeal of Florida (US)
    • December 19, 2007
    ...care originally owed to others by the contractor to the accepting owner as long as any defects are patent."); Mori v. Indus. Leasing Corp., 468 So.2d 1066, 1067 (Fla. 3d DCA 1985) ("In Slavin, the Florida supreme court clearly adopted the rule that a contractor is not liable for injuries to......
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