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2nd DCAJuly 8, 2026Reversed and Remanded🔬 Novel Issue

Massaua v. Cervelli (consolidated with Allen v. Cervelli)

Case No. 2024-2622

The Second DCA reversed summary judgment for the restaurant defendants in a negligent-transmission-of-a-contagious-disease case, holding that the trial court defined the business's duty too narrowly and improperly conflated duty with proximate cause. The duty and knowledge inquiry turns on constructive knowledge that an employee had a contagious disease — not the specific disease (TB) — and the record raised jury questions on duty, causation, and the court's impermissible weighing of evidence.

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