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Trans-Vaughn Development Corp. v. Cummings

6/2/2005

issioner, rather than a municipal agency, will have responsibility for enforcing the generally applicable State minimum fire safety standards. Hence, there is no special public policy ground applicable in this case that would justify overriding the long- established equal knowledge exception applicable in static defect cases.


For the foregoing reasons, the arguments raised by Cummings are unavailing. We conclude that Cummings had equal knowledge of the hazardous condition of the rear entranceway, precluding her recovery regardless of whether the structure of the entrance violated applicable building codes. Accordingly, we reverse the trial court and hold that summary judgment should have been granted in favor of Trans-Vaughn.


Judgment reversed. Blackburn, P. J., and Miller, J., concur.






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