JEAN MICELI AND FRANK MICELI, HER HUSBAND, APPELLANTS,
v.
DANIEL LIFTER, ESTATE OF ISADORE LIFTER AND HELENE LIFTER, D/B/A WAIKIKI MOTEL, A PARTNERSHIP, APPELLEES
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The court held that the obstruction could be considered a trap, and the question of contributory negligence is for the jury.
Plaintiff, a visitor at a motel, fell over a 2x4 piece of lumber used as a divider on a shuffleboard court while walking to the beach. The divider was…
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The plaintiff in a personal injury action appeals a summary final judgment for the defendant. Upon this appeal, we must consider the evidentiary facts presented in the light most favorable to the party moved against who is the appellant here, and such party is entitled to the benefit of all reasonable inferences which may be drawn from the evidence. Clark v. City of Atlantic Beach, Fla.App.1960, 124 So. 2d 305.
The plaintiff-appellant-wife was a visitor at the Waikiki Motel. In walking to the beach she crossed a shuffleboard playing area and fell over a 2 x 4 piece of lumber which was fastened to the cement to act as a divider between two courts. This divider was painted black as were the other markings on the shuffleboard courts.
The record’ fails to indicate that the route’ taken by the plaintiff was one upon which traffic should not have been reasonably anticipated;' therefore, the jury could have found that- the 'obstruction as painted constituted a trap. The judgment must be reversed upon authority of the rule stated in Goldstein v. Great Atlantic & Pacific Tea Co., Fla.App.1962, 142 So.2d 115.
The question of contributory negligence is for the jury under the rule stated in City of Jacksonville v. Stokes, Fla.1954, 74 So. 2d 278. The judgment is reversed and the cause remanded for further proceedings.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Winsemann v. The Travelodge Corp., 205 So. 2d 315 (Fla. 2d DCA 1967)…negligence as a matter of law on the part of the plaintiff as shown on the face of the amended complaint, we must, nevertheless, reverse the trial court’s order and judgment of dismissal under the law as set forth in Miceli v. Lifter, Fla.App.1964, 161 So. 2d 253, and City of Jacksonville v. Stokes, Fla.1954, 74 So. 2d 278. Reversed. LILES, C. J., and LANE, A. H„ Associate Judge, concur.…
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Doris K. Coburn and her husband v. Delmonico Hotel Corp., 203 So. 2d 30 (Fla. 3d DCA 1967)…fendant denied negligence and pleaded contributory negligence. Following discovery depositions the trial court [*31] granted the defendant s motion for summary judgment. We find error, and reverse on the authority of Miceli v. Lifter, Fla.App. 1964, 161 So. 2d 253. The pleadings and the evidence which was before the court presented triable issues of negligence and contributory negligence which could not properly be resolved on motion for summary judgment. Reversed.…
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Dvorak v. Holiday Inns OF Am., Inc., 429 F.2d 54 (5th Cir. 1970)…give her attention to the store’s wares; Goldstein v. Great Atlantic & Pacific Tea Company, 142 So. 2d 115 (Fla.App.1962) — protruding rod in a damaged car stop could have been camouflaged by its dark color against a dark pavement; Miceli v. Lifter, 161 So. 2d 253 (Fla.App.1964) — a 2x4 piece of lumber used as a divider between two shuffleboard courts and painted black like the other court markings could be regarded by a jury as a trap; McHargue v. Great Atlantic & Pacific Tea Company, 209 So. 2d 283 (Fla.App…
Authorities Cited
- City of Jacksonville v. Stokes, 74 So. 2d 278 (Fla. 1954)
- Minerva Goldstein and her husband v. Great Atl. & Pac. TEA Co., 142 So. 2d 115 (Fla. 3d DCA 1962)
- Clark v. City OF Atl. Beach, 124 So. 2d 305 (Fla. 1st DCA 1960)