RICHARD H. NEWCOMB, APPELLANT,
v.
JAMES B. FORBES, III, JOANN P. FORBES AND CONSOLIDATED AMERICAN INSURANCE COMPANY, APPELLEES

Fla. 3d DCA | 1984-05-22
No. 83-2949
Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.
452 So. 2d 64 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Pope v. Cruise Boat Co., 380 So. 2d 1151 (Fla. 3d DCA 1980); Rice v. Florida Power & Light Co., 363 So. 2d 834 (Fla. 3d DCA 1978), cert. denied, 373 So. 2d 460 (Fla.1979); Quinnelly v. Southern Maid Syrup Co., 164 So. 2d 240 (Fla. 2d DCA 1964).


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  • Burton v. MDC PGA Plaza Corp., 78 So. 3d 732 (Fla. 4th DCA 2012)
    …knowledge of lights installed in the shrubbery along the walkway, the premises were not in an unreasonably dangerous condition, as the plaintiffs injuries could have been avoided by her taking due care to avoid them); San v. Aetna Cas. and Sur. Co., 452 So. 2d 64, 65 (Fla. 3d DCA 1984) (affirming summary judgment for an owner because the step-down between the tile floor of an apartment hallway and the carpeted, flexible pile surface of the adjacent bedroom which came to the same level was so obvious that, as…
  • Dudowicz v. The Pearl on 63 Main, Ltd., 326 So. 3d 715 (Fla. 1st DCA 2021)
    …making an exit after having crossed the mat when making an entrance because any danger was not latent or concealed, but patent and obvious, and the ordinary use of the customer’s senses would have disclosed it to her); Sari v. Aetna Cas. & Sur. Co., 452 So. 2d 64, 65 (Fla. 3d DCA 1984) (“We conclude that the step-down between the tile floor of an apartment hallway and the carpeted, necessarily flexible, pile surface of the adjacent bedroom which came to the same level, and upon which the plaintiff fell, was…
  • McFADDEN v. Renata Fiori, 488 So. 2d 92 (Fla. 5th DCA 1986)
    …s were entitled to a directed verdict under both theories. First, there was no duty to warn Mrs. Fiori be [*93] cause she was aware that the rug would not always stay flat and that it might cause her to trip. See Sari v. Aetna Casualty & Surety Co., 452 So. 2d 64 (Fla. 3d DCA 1984); Vermont Mutual Ins. Co. v. Conway, 358 So. 2d 123 (Fla. 1st DCA 1978). Second, there was no breach of the duty to maintain the premises in a reasonably safe condition because Mrs. Fiori did not present any evidence to establish t…

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