LORRAINE CANNER, A MINOR, BY HER FATHER AND NEXT FRIEND SAM CANNER AND SAM CANNER, INDIVIDUALLY, APPELLANTS,
v.
ROBERT BLANK AND ADELE BLANK, AND R. BLANK CONSTRUCTION CORP., APPELLEES
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The court reversed a summary judgment for defendants in a case where a minor was injured running through a closed sliding glass door in a model home. The court found that the status of the law presented a jury question regarding the minor's injuries.
Yes, the court held that a jury question was presented, and the trial judge erred in granting a summary final judgment for the defendants.
“We find that the trial judge erred in granting a summary final judgment for the defendants upon the foregoing facts.”
Establishes the court's finding that the lower court's decision was incorrect.
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Join FLexlaw to unlock all legal intelligenceA thirteen-year-old girl, accompanied by her parents, was touring a model home. She had previously passed through a three-panel sliding glass door whe…
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This is an appeal by the plaintiffs, a minor and her father, from a summary final judgment in favor of the defendants in an action to recover damages for injuries sustained by the minor when she went through a closed sliding glass door in a model house owned by the defendants.
The minor plaintiff, a thirteen year old girl, had accompanied her parents on an inspection tour of the defendants’ model home. A three-panel sliding glass door, bearing no markings or decals, separated the living room from the patio area. The child had passed from the living room to the patio and back, at a time when one of the panels of the door was open. Later, while in the living room, she noticed some people in the patio and ran out to warn them of a defective ladder she had seen in the pool. Apparently the doors had been closed in the interval and the child went through the closed middle glass section sustaining certain injuries.
*194We find that the trial judge erred in granting a summary final judgment for the defendants upon the foregoing facts. In McCain v. Bankers Life and Casualty Co., Fla.App.1959, 110 So.2d 718, 68 A.L.R.2d 1194, this court carefully reviewed the status of the law on this question and concluded that a jury question is presented where a minor child is involved. The factual issue involved in that case is so closely related to that which now confronts us, that we deem it unnecessary to nroceed further.
Accordingly, the summary final judgment is reversed, and the cause is remanded for further proceedings.
Reversed.
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Citator
Cited By
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Fitzgerald v. Cestari, 569 So. 2d 1258 (Fla. 1990)…who should be held accountable for the injury. 558 So. 2d at 709. The district court also rejected Fitzgerald’s argument that a line of Florida cases, including Peppermint Twist, Inc. v. Wright, 169 So. 2d 330 (Fla. 3d DCA 1964) and Canner v. Blank, 152 So. 2d 193 (Fla. 3d DCA 1963), establish that cases involving sliding glass doors present factual questions for the jury. The district court concluded that those cases were not applicable because in those cases the unresolved issues being submitted to the jury…1 / 2
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Fitzgerald v. Cestari, 553 So. 2d 708 (Fla. 4th DCA 1989)…pert testimony concerning the need for such markings. Finally, the law, even before the advent of comparative negligence, clearly established that a different standard of care is applied to a child in a glass sliding door accident. Canner v. Blank, 152 So. 2d 193 (Fla. 3d DCA 1963), reversed a summary judgment in favor of the defendant where a thirteen-year-old girl, while accompanying her parents on an inspection tour of a model home, suffered serious personal injuries when she walked into a three-panel sli…1 / 2
Authorities Cited
- Deryk McCAIN v. Bankers Life & Cas. Co., 110 So. 2d 718 (Fla. 3d DCA 1959)