SUSIE M. KUEBLER AND FRANK A. KUEBLER, HER HUSBAND, APPELLANTS,
v.
VOLUSIA JAI ALAI, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 1st DCA | 1960-12-15
No. C-85
WIGGINTON, C. J., and STURGIS, J., concur., CARROLL, DONALD K., J., dissents.
126 So. 2d 163 Florida District Court of Appeal, First District (1960) Positive Treatment
Cited by 5 cases
Topics
Contributory Negligence Proximate Cause

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

WIGGINTON, C. J., and STURGIS, J., concur.

CARROLL, DONALD K., J., dissents.

CARROLL, DONALD K., Judge

(dissenting) .

This is an appeal from a final summary judgment for the defendant in an action brought by an elderly woman for injuries she sustained when she fell down certain irregular steps in the balcony of the defendant’s jai alai fronton. Under the established rule in Florida, the operator of a place of amusement'like a race course where others are invited is charged with a continuous duty to look after the safety of its patrons and owes “a higher degree of diligence than it does when applied to a store, bank or like place of business.” Wells v. Palm Beach Kennel Club, 1948, 160 Fla. 502, 35 So.2d 720, 721. Here the evidence before the court at the hearing on the defendant’s motion for summary judgment was, as I view it, susceptible of a lawful inference by a jury that the defendant was guilty of negligence proximately causing her injuries and that she was not guilty of contributory negligence. If my conception of the evidence is correct, she had a right to have a jury pass upon these questions of fact. See Majeske v. Palm Beach Kennel Club, Fla.App.1959, 117 So.2d 531.

I would, therefore, reverse the summary judgment and .remand the cause for a jury trial on the issues.

Dissent
CARROLL, DONALD K., Judge

CARROLL, DONALD K., Judge

(dissenting) .

This is an appeal from a final summary judgment for the defendant in an action brought by an elderly woman for injuries she sustained when she fell down certain irregular steps in the balcony of the defendant’s jai alai fronton. Under the established rule in Florida, the operator of a place of amusement'like a race course where others are invited is charged with a continuous duty to look after the safety of its patrons and owes “a higher degree of diligence than it does when applied to a store, bank or like place of business.” Wells v. Palm Beach Kennel Club, 1948, 160 Fla. 502, 35 So. 2d 720, 721. Here the evidence before the court at the hearing on the defendant’s motion for summary judgment was, as I view it, susceptible of a lawful inference by a jury that the defendant was guilty of negligence proximately causing her injuries and that she was not guilty of contributory negligence. If my conception of the evidence is correct, she had a right to have a jury pass upon these questions of fact. See Majeske v. Palm Beach Kennel Club, Fla.App.1959, 117 So. 2d 531.

I would, therefore, reverse the summary judgment and .remand the cause for a jury trial on the issues.

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  • Goodis v. Finkelstein, 174 So. 2d 600 (Fla. 3d DCA 1965)
    …ss negligence is that course of conduct which a reasonable and prudent man would know would probably and most likely result in injury to persons or property * * See also Wilson v. Eagle, Fla.App.1960, 120 So. 2d 207; Godwin v. Ringley, Fla.App.1961, 126 So. 2d 163; Frank v. Lurie, Fla.App.1963, 157 So. 2d 431. Therefore, we must test the record to see if it reveals sufficient facts for the jury to find a knowledge by the appellant that her condition was such that she knew or should have known that driving an…
  • Sula P. Haynes v. Littleford, 173 So. 2d 477 (Fla. 2d DCA 1965)
    …fendant in a guest statute 1 case. In granting the motion the court found as a matter of law that the actions of the defendant did not amount to gross negligence, citing Webster v. Kemp, Fla.App.1963, 156 So. 2d 669; Godwin v. Ringley, Fla.App.1961, 126 So. 2d 163 and Carraway v. Revell Motor Co., Fla.1959, 116 [*478] So. 2d 16. Since the rendition of the summary judgment the Supreme Court of Florida has quashed the District Court decision in the Webster case, supra. Webster v. Kemp, Fla.1964, 164 So. 2d 814.…
  • Webster v. Kreis Kemp, 156 So. 2d 669 (Fla. 3d DCA 1963)
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