NORMAN ISAAC, A/K/A JAMES ISAAC, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1987-07-07
No. BM-38
SMITH, C.J., and BOOTH and WENTWORTH, JJ., concur.
509 So. 2d 977 Florida District Court of Appeal, First District (1987) Negative Treatment
Cited by 50 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on authority of State v. Mestas, 507 So. 2d 587 (Fla.1987).

SMITH, C.J., and BOOTH and WENTWORTH, JJ., concur.


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Cited By (26 total)

  • Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st DCA 1991)
    …ncy that the owner should have known of its existence. Brooks, supra, at 342. The owner of the store may also be held liable where an agent or employee of the store negligently caused the dangerous condition to exist. Publix Supermarkets v. Schmidt, 509 So. 2d 977 (Fla. 4th DCA 1987). In addition, the method of operation of the owner may be so inherently dangerous that while the owner did not actually create the specific condition which caused the fall, they still may be held liable. Wells v. Palm Beach Kenne…
  • …1387. In its memorandum of law prepared for the trial court and in its brief filed in this court, appellee places great reliance on Gaidymowicz v. Winn-Dixie Stores, Inc., 371 So. 2d 212 (Fla. 3d DCA 1979) and Publix Super Markets, Inc. v. Schmidt, 509 So. 2d 977 (Fla. 4th DCA 1987), for the proposition that the plaintiff must show either how the unsafe condition was created, the length of time the condition existed before the accident, or that the store owner was responsible for the accident. In Gaidymowicz…
  • Teate v. Winn-Dixie Stores, Inc., 524 So. 2d 1060 (Fla. 3d DCA 1988)
    …id not require the jury to build one inference on another as Winn-Dixie contends. Food Fair Stores, Inc. v. Trusell, 131 So. 2d 730 (Fla.1961); Voelker v. Combined Ins. Co. of America, 73 So. 2d 403 (Fla.1954); Public Super Markets, Inc. v. Schmidt, 509 So. 2d 977 (Fla. 4th DCA 1987); Gaidymowicz v. Winn-Dixie Stores, Inc., 371 So. 2d 212 (Fla. 3d DCA 1979). Since it was established that there was some water on the floor, it was completely within the jury’s province to decide why the water was there. Camina v…

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