Robert Schramm v. Adams Homes of Northwest Florida, Inc. and Schumacher and Son Plumbing, LLC
5D2024-0445
Fla. Dist. Ct. App.Jun 20, 2025Background
- Robert Schramm sued Adams Homes of Northwest Florida, Inc., after falling into a hole near the property line between his home and Adams's construction site.
- The hole allegedly formed and expanded due to Adams's negligent construction and subsequent failure to repair a fallen silt fence, which increased water runoff.
- Schramm notified Adams about the hazard a month before his fall, but Adams did not take action.
- Schramm fell into the hole or unstable ground while attempting to mark the hazard from his side of the property line; it was unclear exactly where the fall occurred.
- The trial court granted summary judgment to Adams, finding no material dispute over key facts and determining the danger was open and obvious; Schramm appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Location of the Fall | Not clear; could affect Adams's duty owed | Immaterial; Schramm was a trespasser if on Adams's property | Genuine issue of material fact; summary judgment wrong |
| Duty Owed to Schramm | Adams owed a duty due to knowledge and foreseeability | No duty if Schramm was on his own property or a trespasser | Material dispute; must determine physical location |
| Open and Obvious Nature of the Danger | The unstable grassy area was not open/obvious | The hole and area were open and obvious; no liability | Disputed fact; a jury could find the area not obvious |
| Appropriateness of Summary Judgment | Genuine disputes precluded summary judgment | No material disputes; judgment proper | Trial court erred; reversed and remanded |
Key Cases Cited
- Johnson v. Wal-Mart Stores E., LP, 389 So. 3d 705 (Fla. 5th DCA 2024) (sets standard of review and outlines duty element in negligence)
- Welch v. CHLN, Inc., 357 So. 3d 1277 (Fla. 5th DCA 2023) (summary judgment standard regarding genuine disputes of material fact)
- J.L. Prop. Owners Ass’n, Inc. v. Schnurr, 336 So. 3d 291 (Fla. 4th DCA 2022) (premises liability burden regarding possession/control and notice)
- Smith v. Westdale Asset Mgmt., Ltd., 353 So. 3d 108 (Fla. 1st DCA 2022) (elements of premises liability and required knowledge)
- Brevard County v. Waters Mark Dev. Enters., LC, 350 So. 3d 395 (Fla. 5th DCA 2022) (definition of a material fact)
- De Cruz-Haymer v. Festival Food Mkt., Inc., 117 So. 3d 885 (Fla. 4th DCA 2013) (open and obvious danger doctrine)