LEONOR GOMEZ AND AGUSTIN GOMEZ, HER HUSBAND, APPELLANTS,
v.
JORGE L. PLASENCIA, LUMAS REALTY, INC., RICARDO'S CONSTRUCTION CORP., LARIC DEVELOPMENT CORP., AND GRV DESIGN GROUP, INC., APPELLEES
Explore caselaw by topic → Browse Invitee Status cases and more on FLexlaw
PER CURIAM.
Despite the appellant’s valiant and articulate effort to distinguish Schoen v. Gilbert, 436 So. 2d 75 (Fla.1983), from the instant case, we conclude that Schoen fully supports the final summary judgment entered in favor of the defendants in this negligence action. We accordingly affirm.
It is unnecessary, in our view, to burden this opinion with an extensive legal analysis why we have reached this result, but suffice it to say the record affirmatively establishes that the plaintiff fell and was injured solely because she did not notice the difference in floor levels of a model home she was inspecting as an invitee. She was in no sense negligently “distracted” by the plants and decorations in the home or the greeting of the salesperson in the home prior to her fall so as to not notice the change in the floor levels. Moreover, there can be no negligence in the placement of a “warning” sign in the home, as urged, because there was no dangerous condition to warn against; also there was no negligence in the treatment of the plaintiff after her fall. This being so, it is our view that Schoen directly controls the instant case and requires the entry of a summary judgment in favor of the defendants herein.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bryant v. Lucky Stores, Inc., 577 So. 2d 1347 (Fla. 2d DCA 1990)…, or a speed bump in a parking lot, may be overlooked with greater frequency. I would allow juries to set the standard of care for such conditions if reasonable people could disagree on the need to warn of the conditions. But see Gomez v. Plasencia, 522 So. 2d 423 (Fla. 3d DCA 1988) (relying on Schoen in a commercial setting, i.e., model home, for a fall from a step down). I am aware of my obligation to obey the controlling precedent from the supreme court. The tension which exists within that precedent, Kag…
-
Reina I. Echevarria and Jorge Echevarria v. Lennar Homes, LLC, 306 So. 3d 327 (Fla. 3d DCA 2020)…firming summary judgment where the plaintiff fell without seeing a six-inch step separating the foyer and the living room, concluding “a difference in floor levels is not an inherently dangerous condition, even in dim lighting”); Gomez v. Plasencia, 522 So. 2d 423, 423 (Fla. 3d DCA 1988) (affirming summary judgment in favor of the premises owner because “the record affirmatively establish[ed] the plaintiff was injured and fell solely because she did not notice the difference in floor levels of a model home sh…
Authorities Cited
- Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983)