REGINA JOSKOWITZ, JOINED BY HER HUSBAND, SAM JOSKOWITZ, APPELLANTS,
v.
RUTH HOLTMAN, A SINGLE WOMAN, D/B/A EXCELLO VILLA APTS., APPELLEE
This is an appeal from a summary final judgment for the defendant in an action brought by a tenant against her landlord for an injury sustained when the tenant tripped and fell. It appeared without issue that the plaintiff-wife proceeded in her stocking feet into a dark hallway in order to turn on the hallway light for a neighbor, and that she tripped over a carpet runner which overlapped another. The defect had existed during all of the one and one-half years that plaintiff had lived in the apartment building. Upon these undisputed facts the trial judge found that the plaintiff-wife was guilty of contributory negligence as a matter of law. E. g., Brant v. Van Zandt, Fla.1955, 77 So.2d 858; Norman v. Shulman, 150 Fla. 142, 7 So.2d 98.
Affirmed.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Matilda Norman v. Shulman, 150 Fla. 142 (Fla. 1942)
- Brant v. van Zandt, 77 So. 2d 858 (Fla. 1954)
- Nofal v. Piper, 77 So. 2d 858 (Fla. 1954)