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Cantalupo v. Island Water Ass'n, Inc.

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 19, 2017
215 So. 3d 199 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16–363

04-19-2017

Annette CANTALUPO, Appellant, v. The ISLAND WATER ASSOCIATION, INC., and Lee County Department of Transportation, Appellees.

Jason W. Gelinas of Morgan & Morgan, Fort Myers, for Appellant Annette Cantalupo. Michael R. D'Lugo of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Appellee The Island Water Association, Inc. No appearance for Appellee Lee County Department of Transportation.


Jason W. Gelinas of Morgan & Morgan, Fort Myers, for Appellant Annette Cantalupo.

Michael R. D'Lugo of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Appellee The Island Water Association, Inc.

No appearance for Appellee Lee County Department of Transportation.

SILBERMAN, Judge.

In this negligence action, Annette Cantalupo appeals a final summary judgment in favor of The Island Water Association, Inc., in which the trial court determined that Island Water did not have a legal duty to repair the county road around its water valve or warn the public. Cantalupo is also challenging the trial court's ruling to exclude evidence of subsequent remedial measures. Lee County Department of Transportation is challenging this same summary judgment and order excluding evidence in a related appeal and raises the same issues that Cantalupo raises in this appeal. For the reasons expressed in our opinion in Lee County Department of Transportation v. Island Water Ass'n , No. 2D16–234 (Fla. 2d DCA April 19, 2017), we reverse and remand for further proceedings.

Reversed and remanded.

KELLY and WALLACE, JJ., Concur.


Summaries of

Cantalupo v. Island Water Ass'n, Inc.

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 19, 2017
215 So. 3d 199 (Fla. Dist. Ct. App. 2017)
Case details for

Cantalupo v. Island Water Ass'n, Inc.

Case Details

Full title:ANNETTE CANTALUPO, Appellant, v. THE ISLAND WATER ASSOCIATION, INC., and…

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Apr 19, 2017

Citations

215 So. 3d 199 (Fla. Dist. Ct. App. 2017)

Citing Cases

Lee Cnty. Dep't of Transp. v. Island Water Ass'n, Inc.

Based on this disposition, we need not address Lee County's remaining issue raised on appeal. In a related…