JESSICA M. GRAULAU MALDONADO
v.
ORANGE COUNTY PUBLIC LIBRARY SYSTEM
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A complaint stating that a business invitee tripped and fell when a photocopier's bottom drawer suddenly flew open sufficiently alleges negligence against the property owner.
[1] A business owner owes a business invitee the duty to use reasonable care to keep its premises reasonably safe and to warn of latent or concealed perils that were known or…
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Join FLexlaw to unlock all legal intelligenceMaldonado was making copies at a photocopier in the Library's southeast branch when the bottom drawer came loose and suddenly flew open, causing her t…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JESSICA M. GRAULAU MALDONADO,
Appellant,
v. Case No. 5D18-2800
ORANGE COUNTY PUBLIC LIBRARY SYSTEM,
Appellee.
________________________________/
Opinion filed May 31, 2019
Appeal from the Circuit Court for Orange County, Heather L. Higbee, Judge.
Jessica M. Graulau Maldonado, Orlando, pro se.
Eric
J.
Netcher and Patricia Rego Chapman, of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellee.
PER CURIAM.
Jessica M. Graulau Maldonado appeals a final order dismissing with prejudice her personal injury action against the Orange County Public Library System (“Library”). We reverse the order dismissing the second amended complaint with prejudice because it sufficiently alleged a negligence cause of action. However, we affirm the dismissal with prejudice of the strict liability claim in the amended complaint without further discussion.
2
Ms. Maldonado’s second amended complaint alleged that she was at the Library’s southeast branch, making copies at a photocopier, when she tripped and fell over the bottom drawer of the photocopier. More specifically, she alleged that “without any warning, the bottom door of the machine came loose and suddenly flew wide opened [sic] causing [her] to trip and fall on her both knees regardless [of her] attempt to avoid the fall.” She further alleged that the Library owned the photocopier and had a duty to use reasonable care in maintaining the machine to ensure that it was safe for use by patrons. The trial court concluded that the second amended complaint failed to state a cause of action and dismissed the case with prejudice. We review orders granting motions to dismiss de novo. See Wallace v. Dean,3 So. 3d 1035, 1045 (Fla. 2009); Dingle v. Dellinger, 134 So. 3d 484, 487 (Fla. 5th DCA 2014). For purposes of assessing the adequacy of the pleading of a claim, we take the factual allegations in the complaint as true and draw all reasonable inferences in favor of the pleader. Jordan v. Nienhuis, 203 So. 3d 974, 976 (Fla. 5th DCA 2016); Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So. 3d 484, 485 (Fla. 5th DCA 2015). We cannot look further than the complaint and its attachments when considering a dismissal motion. Mohan v. Orlando Health, Inc., 163 So. 3d 1231, 1233 (Fla. 5th DCA 2015). Florida is a fact-pleading jurisdiction, not a notice-pleading jurisdiction. Deloitte & Touche v. Gencor Indus., Inc., 929 So. 2d 678, 681 (Fla. 5th DCA 2006). A complaint must contain “a short and plain statement of the ultimate facts showing that the pleader is entitled to relief.” Fla. R. Civ. P. 1.110(b). To state a cause of action for negligence, a complaint must allege: “(1) a duty to the plaintiff; (2) the defendant’s breach of that duty; (3) injury to the plaintiff arising from the defendant’s breach; and (4) damage caused by
EVANDER, C.J., ORFINGER and HARRIS, JJ., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wallace v. Dean, 3 So. 3d 1035 (Fla. 2009)
- Justa Patricia Delgado v. Laundromax, Inc., 65 So. 3d 1087 (Fla. 3d DCA 2011)
- Dandal Dampier v. Morgan Tire & Auto, LLC, 82 So. 3d 204 (Fla. 5th DCA 2012)
- Dingle v. Dellinger, 134 So. 3d 484 (Fla. 5th DCA 2014)
- Andrea Jordan for the Estate of Charles E. Jordan v. Nienhuis, 203 So. 3d 974 (Fla. 5th DCA 2016)
- Deloitte & Touche v. Gencor Indus., Inc., 929 So. 2d 678 (Fla. 5th DCA 2006)
- RAY Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So. 3d 484 (Fla. 5th DCA 2015)
- Mohan v. Orlando Health, Inc., 163 So. 3d 1231 (Fla. 5th DCA 2015)