City of Miami v. Kho
In a trip-and-fall case against the City over a sidewalk elevation difference, the plaintiff proved constructive knowledge solely through a 2007 Google Maps photograph admitted over the City's authentication objection. The Third DCA held the image was not authenticated under either the pictorial-testimony or silent-witness methods, that without it there was legally insufficient evidence of constructive notice, and reversed with instructions to enter judgment for the City rather than order a new trial.
Key facts
- Plaintiff brought a trip-and-fall action against the City of Miami over an alleged sidewalk elevation difference.
- At trial, plaintiff proved the City had constructive knowledge of the dangerous condition solely through a 2007 Google Maps photograph, which was admitted over the City's authentication objection.
- +2 more key facts with a free trial
Why it matters
This is a rare Florida appellate opinion squarely addressing how to authenticate Google Maps/Street View imagery, holding it is not self-authenticating and must satisfy either the pictorial-testimony or Wagner… — full analysis with a trial
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