Sharon Degnan, of the Orlando office, successfully obtained an affirmance of Summary Judgment in the Fourth District Court of Appeal. In this premises liability case, the Plaintiff was seriously injured when he rode his dirt bike over a hidden tree stump located on a swale which was controlled by the City of Hollywood. The Plaintiff alleged claims of negligence against the City, as well as Sharon’s client, a condominium association whose property abutted the swale. As to the association, the Plaintiff argued that a city ordinance imposed a duty on the abutting property owner to maintain the swale with reasonable care. Despite evidence that people were on the swale because it was commonly used to park cars, the Appellate Court was persuaded by Sharon’s argument that Plaintiff was not an invitee on the property while using it for an unintended purpose. Thus, in affirming the Summary Judgment, the court recognized that the association did not owe the Plaintiff a duty of reasonable care to maintain the swale so that it was safe for dirt bike riding.