HARRY CONN, A/K/A BRUCE HARRIS, APPELLANT,
v.
SEAWIND ENTERPRISES, INC., APPELLEE
BASKIN, Judge.
Perceiving no question of fact involving breach of the landlord’s duty to exercise reasonable care to an invitee, we affirm the summary judgment entered by the trial court.
[T]he mere occurrence of an accident does not give rise to an inference of negligence, and is not sufficient for a finding of negligence on the part of anyone. Robinson v. Allstate Insurance Company, 367 So. 2d 708 (Fla.3d DCA 1979); Marcano v. Puhalovich, 362 So. 2d 439 (Fla. 4th DCA 1978); Lash v. Nolan, 321 So. 2d 104 (Fla. 4th DCA 1975); and City Cab of Orlando, Inc. v. Green, 308 So. 2d 540 (Fla. 4th DCA 1975).
Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981).
SCHWARTZ, Judge
(dissenting).
I do not believe the defendant carried its burden of showing conclusively that the plaintiff’s slip and fall was not caused or contributed to by the unreasonably slippery condition of its stairway. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); 194th Street Hotel Corp. v. Hopf, 383 So. 2d 739 (Fla.3d DCA 1980); Majeske v. Palm Beach Kennel Club, 117 So. 2d 531 (Fla.2d DCA 1959), cert. denied, 122 So. 2d 408 (Fla.1960). I would therefore reverse the summary judgment entered below.
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Zygmont v. Smith, 548 So. 2d 902 (Fla. 1st DCA 1989)…ans by which the sufficiency of the evidence already adduced at trial is tested. Obviously, whether a factual issue exists is quite a different matter from whether a fact is proved. The appellees further rely upon Conn v. Seawind Enterprises, Inc., 406 So. 2d 104 (Fla. 3d DCA 1981), which contains no recitation of facts, and therefore cannot serve as authority. Appellees also improperly rely on Publix Super Markets, Inc. v. Schmidt, 509 So. 2d 977 (Fla. 1st DCA 1987). In that case, a judgment in favor of the…
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Klaas Vermeulen v. Worldwide Holidays, Inc., 922 So. 2d 271 (Fla. 3d DCA 2006)…Fla.2000). II. Negligence Vermeulen alleges that Worldwide is directly or vicariously liable for the negligent operation of the van. The mere happening of an accident does not give rise to an inference of negligence. Conn v. Seawind Enters., Inc., 406 So. 2d 104 (Fla. 3d DCA 1981). Here, Vermeulen must show that the van was operated negligently. Id. He must produce some evidence showing that Worldwide or its agent’s negligence was the proximate cause of the accident. See Robinson v. Allstate Ins. Co., 367 S…
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Chomar v. Tropicanada Corp., 419 So. 2d 351 (Fla. 3d DCA 1982)…tairway, testimony by appellants’ expert witness, was stricken when it was discovered that the expert’s friction coefficient tests were conducted on the wrong stairwell. Stirling v. Sapp, 229 So. 2d 850 (Fla.1969); Conn v. Seawind Enterprises, Inc., 406 So. 2d 104 (Fla. 3d DCA 1981); Greene v. Flewelling, 366 So. 2d 777 (Fla. 2d DCA 1978), cert. denied, 374 So. 2d 99 (Fla.1979); Wirt v. Fontainbleau Hotel Corp., Inc., 306 So. 2d 547 (Fla. 3d DCA 1974), cert. denied, 316 So. 2d 288 (Fla.1975); Partelow v. Edga…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Majeske v. Palm Beach Kennel Club, 117 So. 2d 531 (Fla. 2d DCA 1959)
- Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)
- Cooper v. State, 396 So. 2d 258 (Fla. 1st DCA 1981)
- Marcano v. Ante Puhalovich, 362 So. 2d 439 (Fla. 4th DCA 1978)
- City CAB Co. OF Orlando, Inc. v. Green, 308 So. 2d 540 (Fla. 4th DCA 1975)
- Cherry v. State, 367 So. 2d 708 (Fla. 1st DCA 1979)
- 194TH St. Hotel Corp. v. Hopf, 383 So. 2d 739 (Fla. 3d DCA 1980)
- In re Burgess' Estate, 122 So. 2d 408 (Fla. 1960)
- Chaachou v. Chaachou, 122 So. 2d 408 (Fla. 1960)