LIBERTY MUTUAL INSURANCE COMPANY, A FOREIGN CORPORATION, AND AVENTURA COUNTRY CLUB, A FLORIDA GENERAL PARTNERSHIP D/B/A TURNBERRY ISLE COUNTRY CLUB AND TURNBERRY ISLE YACHT AND RAQUET CLUB, APPELLANTS,

v.

ROSE KIMMEL, APPELLEE

Fla. 3d DCA | 1985-03-19

No. 84-133

Before BARKDULL, NESBITT and JORGENSON, JJ.

465 So. 2d 606 Florida District Court of Appeal, Third District (1985) Caution

Cited by 22 cases

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Holding

The court held that the jury verdict should not be reversed based on the precedent of Schoen v. Gilbert, and that the admission of incident reports was not an abuse of discretion.

Facts & Procedural History

The plaintiff fell at a change in levels while exiting the defendant's country club. The walkway was built contrary to the South Florida Building Code…

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Topics

South Florida Building Code Notice Of Dangerous Condition Construction Negligence Per Se

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Opinion of the Court

PER CURIAM.

The appellant contends that the Supreme Court opinion reported in Schoen v. Gilbert, 436 So. 2d 75 (Fla.1983), requires the reversal of this jury verdict, with directions to enter a verdict for the defendant because the plaintiffs injury occurred when she fell at a change in levels while exiting the defendant’s country club. We do not agree.

First, the accident did not occur in a private home as was the circumstances in Schoen, supra, and second, there was undisputed evidence that the walkway in question was built contrary to the South Florida Building Code, which in and of itself is evidence of negligence. Grand Union Company v. Rocker, 454 So. 2d 14 (Fla. 3d DCA 1984).

The appellant also urges that it is entitled, if not to a directed verdict, a new trial, because of alleged error on the part of the trial court in the admission of incident reports relative to prior and subsequent similar accidents at the site in question. We find no abuse of discretion by the trial court in permitting the introduction of these reports to establish notice before the accident of the dangerous condition of the walkway, or afterwards, as the condition remained the same. Lawrence v. Florida East Coast Railway Company, 346 So. 2d 1012 (Fla.1977); Perret v. Seaboard Coast Line Railroad Co., 299 So. 2d 590 (Fla.1974); Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3d DCA 1983); Lasar Manufacturing Company, Inc. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983).

Therefore the final judgment here under review be and the same is hereby affirmed.

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Citator

Cited By (12 total)

Cadillac Fairview OF Fla., Inc. v. Cespedes, 468 So. 2d 417 (Fla. 3d DCA 1985)

…ot construction workers like Cespedes. Grand Union Co. v. Rocker, 454 So. 2d 14 (Fla. 3d DCA 1984); § 553.72, Florida Statutes (1979). While demonstrations of violations of the code are evidence of negligence, Liberty Mutual Insurance Co. v. Kimmel, 465 So. 2d 606 (Fla. 3d DCA 1985), Cespedes’ showing that Cadillac violated the South Florida Building Code could not, by itself, support a finding that Cadillac was liable. However, we find that admission of evidence of the OSHA and South Florida Building Code st…
Brown v. M. David Sims, M.D., 538 So. 2d 901 (Fla. 3d DCA 1989)

…al examination. Everybody knows that. Evidence showing prior notice of a dangerous condition which causes harm is admissible to prove negligence. See Lawrence v. Florida E. Coast Ry. Co., 346 So. 2d 1012 (Fla.1977); Liberty Mut. Ins. Co. v. Kimmel, 465 So. 2d 606 (Fla. 3d DCA 1985); Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3d DCA 1983), rev. denied, 447 So. 2d 889 (Fla.1984). That a subsequent 1980 survey, filed prior to Brown’s surgery, contained no deficiency finding with respect to medical…
Joanette R. Lindsey and Robert L. Lindsey v. Bill Arflin Bonding Agency Inc., 645 So. 2d 565 (Fla. 1st DCA 1994)

…g code is designed to protect the general public rather than a particular class of individuals,” Grand Union Co. v. Rocker, 454 So. 2d 14, 16 (Fla. 3d DCA 1984), a violation constitutes evidence of negligence, id.; Liberty Mutual Ins. Co. v. Kimmel, 465 So. 2d 606, 607 (Fla. 3d DCA 1985), but does not establish negligence per se. Morrison Cafeterias Consol., Inc. v. Lee, 215 So. 2d 491 (Fla. 1st DCA 1968); see Groh v. Hasencamp, 407 So. 2d 949 (Fla. 3d DCA 1981), review denied, 415 So. 2d 1360 (Fla.1982); Sch…

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Authorities Cited

Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983)
Lawrence v. Fla. E. Coast Ry. Co., 346 So. 2d 1012 (Fla. 1977)
Lasar Mfg. Co., Inc. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983)
Anne E. Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3d DCA 1983)
Perret v. Seaboard Coast Line R.R. Co., 299 So. 2d 590 (Fla. 1974)
The Grand Union Co. v. Arline Rocker, 454 So. 2d 14 (Fla. 3d DCA 1984)

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