ROBERTA PARRISH AND GEORGE PARRISH, HER HUSBAND, APPELLANTS,
v.
WALTER MATTHEWS AND DELORES MATTHEWS, APPELLEES
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PER CURIAM.
Appellants, who were plaintiffs below, appeal an adverse summary judgment. Plaintiff Roberta Parrish performed domestic services in the home of appellees. While ascending a staircase within the house, plaintiff slipped on a piece of wrapping paper which had been left on the stairs. She brought suit for injuries sustained when she fell, and her husband made a claim for loss of consortium. When, as here, the injury occurred as a result of a condition the plaintiff was engaged to correct, summary judgment was properly entered for defendants. McCarty v. Dade Division of American Hospital Supply, 360 So. 2d 436 (Fla. 3d DCA 1978); see also Storr v. Proctor, 490 So. 2d 135, 136 (Fla. 3d DCA), review denied (Fla.1986); Crawford v. Miller, 542 So. 2d 1050 (Fla. 3d DCA 1989). The cases relied on by plaintiffs are not on point. See Westberry v. Great Atlantic & Pacific Tea Co., 191 So. 2d 613 (Fla. 3d DCA 1966) (grocery store stockroom employees failed to clean up vegetable debris across which plaintiff had to cross); Beebe v. Kaplan, 177 So. 2d 869 (Fla. 3d DCA 1965) (employer homeowner told employee to hurry across poorly lit patio at night).
Affirmed.
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Houk v. Monsanto Co., 609 So. 2d 757 (Fla. 1st DCA 1992)…establish that the drain was part of the construction project or that Fluor Daniel asserted any control over the drain. Nor is this a case where the plaintiff was injured by the very condition he was hired to correct. See, e.g., Parrish v. Matthews, 548 So. 2d 725 (Fla. 3d DCA 1989) (domestic employee could not recover from owner for injuries resulting from slipping on paper on stairs); Storr v. Proctor, 490 So. 2d 135 (Fla. 3rd DCA), review denied, 500 So. 2d 546 (Fla.1986) (landowner not responsible for inj…
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Audrie Stetler v. Est. OF Harvey J. Patterson, 595 So. 2d 579 (Fla. 4th DCA 1992)…tered in favor of the defendant property owner in a negligence claim brought by appellant, a nurse who slipped and fell in a puddle of water on defendant’s premises. The trial court granted summary judgment on the authority of Parrish v. Matthews, 548 So. 2d 725 (Fla. 3d DCA 1989). Parrish approved a summary judgment against a cleaning person hired to clean up the very condition causing her to fall. Here, although there is some dispute about appellant’s duties as a nurse, we believe there was an issue of fa…
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Walker v. Maude Mathis, 678 So. 2d 2 (Fla. 3d DCA 1996)…[*3] PER CURIAM. Affirmed. Parrish v. Matthews, 548 So. 2d 725 (Fla. 3d DCA 1989); Echazabal v. El Toro Meat Packing Corp., 506 So. 2d 1100 (Fla. 3d DCA 1987), cause dismissed, 511 So. 2d 998 (Fla.1987); McCarty v. Dade Division of American Hospital Supply, 360 So. 2d 436 (Fla. 3d DCA 1978).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Storr v. Proctor, 490 So. 2d 135 (Fla. 3d DCA 1986)
- Gloris Crawford and Edward Crawford v. Miller, 542 So. 2d 1050 (Fla. 3d DCA 1989)
- McCARTY v. Dade Div. OF Am. Hosp. Supply, 360 So. 2d 436 (Fla. 3d DCA 1978)
- Beebe v. Kaplan, 177 So. 2d 869 (Fla. 3d DCA 1965)
- Westberry v. The Great Atl. & Pac. TEA Co., Inc., 191 So. 2d 613 (Fla. 3d DCA 1966)