THEODORA VALENS, APPELLANT,
v.
OTIS ELEVATOR COMPANY, APPELLEE
THEODORA VALENS, APPELLANT,
OTIS ELEVATOR COMPANY, APPELLEE
482 So. 2d 479
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Where plaintiff tripped and fell while exiting an elevator which, when it stopped and opened, was not level with the floor, but where responsible causes for the fall or the failure to level, other than negligence on the part of the defendant, were not excluded by the evidence presented, the trial court was correct in denying a request that the jury be instructed on res ipsa loquitur. See Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla.1978); Pratt v. Freese’s, Inc., 438 A. 2d 901 (Me.1981).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Burns v. Otis Elevator Co., 550 So. 2d 21 (Fla. 3d DCA 1989)…for the defendants’ breach of due care. Roff-man v. Sears, Roebuck & Co., 522 So. 2d 31 (Fla. 4th DCA 1987), review denied, 531 So. 2d 1354 (Fla.1988); Otis Elevator Co. v. Chambliss, 511 So. 2d 412 (Fla. 1st DCA 1987); Valens v. Otis Elevator Co., 482 So. 2d 479 (Fla. 3d DCA 1986). Accordingly, a factual question remains for jury determination regardless of “whether or not plaintiff has adduced expert testimony.” See, e.g., Williams v. Hollywood Chrysler Plymouth, Inc., 541 So. 2d 1195, 1197 (Fla. 3d DCA 19…
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Otis Elevator Co. v. Lelia Chambliss and Avon Chambliss, 511 So. 2d 412 (Fla. 1st DCA 1987)…at trial, the city actively presented evidence which emphasized the inapplicability of res ipsa loqui-tur to this case. Id. at 263. See also Bardy v. Sears, Roebuck and Co., 443 So. 2d 212, 215 (Fla. 2nd DCA 1983); Valens v. Otis Elevator Company, 482 So. 2d 479 (Fla. 3rd DCA 1986); compare Lord v. J.B. Ivey & Company, 499 So. 2d 12 (Fla. 1st DCA 1986) (held that principle that plaintiff may not rely upon res ipsa where plaintiff introduces evidence of specific acts of negligence not applicable where the so…
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Fla. Sec'y of State Kurt S. Browning v. Sarasota Alliance FOR Fair Elections, Inc., 968 So. 2d 637 (Fla. 2d DCA 2007)…osed by SAFE are to be applied in addition to, and are not inconsistent with, the election statutes implemented by the Florida Legislature. Accordingly, I would not find them to be unconstitutional. See Bennett M. Lifter, Inc. v. Metro. Dade County, 482 So. 2d 479, 483 (Fla. 3d DCA 1986) (“Legislative provisions are inconsistent if, in order to comply with one provision, a violation of the other is required- [T]he sole test of conflict for purposes of preemption is the impossibility of co-existence of the two…
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- Goodyear Tire & Rubber Co. & Travelers Ins. Co. v. Hughes Supply, Inc., 358 So. 2d 1339 (Fla. 1978)