LEFFLER V. SHARP
891 So.2d 152 (2003)
NATURE OF THE CASE: Leffler (P) appealed a summary judgment for Sharp (D) on P's suit for
injuries sustained when P fell through D's roof.
FACTS: P visited the Quarter Inn, a restaurant and lounge and noticed an open window
leading to the rooftop. After P observed individuals on the rooftop, he presumed the area
was open to Quarter Inn patrons. Although a locked glass door with 'NOT AN EXIT' stenciled
on the glass was only four feet away, P entered the roof through the open window. As he was
walking on the rooftop, he fell through the roof approximately twenty feet to the ground. Ds
assert that the roof was never part of the currently leased premises. The lease agreement
offered included the provision that 'lessees will not have access to the roof terrace at the
rear of 1302 Washington Street.' Ds had consulted with an architect and structural engineer
who advised them that the roof was not safe for patrons. Ds had decided that they would weld
bars over the window in order to keep people off of the roof but that was never done. The
lower court classified P as a trespasser and granted summary judgment to Ds. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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