ROSA A. JAHN, APPELLANT,
v.
TIERRA VERDE CITY, INC., APPELLEE
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This slip and fall case involved a plaintiff who tripped over a step into a sunken living room while inspecting a model home. The court affirmed the summary judgment for the defendant, finding no duty to warn due to the visible structural design.
No, the defendant did not have a duty to warn the plaintiff of the step.
“The fact situation was not unusual. It is a matter of common knowledge that the design of a sunken living room necessitates different levels.”
Establishes the common knowledge regarding sunken living rooms and their inherent design.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff tripped over a step leading into a sunken living room while inspecting a model home owned by the defendant. She did not see the step and…
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This is a slip and fall case m which plaintiff tripped over a step leading into a sunken living room as she was inspecting a model home owned by the defendant. Plaintiff asserts that she did not see the step and did not notice persons in front of her stepping down as she followed them into the sunken living room. The room was sufficiently lighted. Summary judgment was granted for the defendant and plaintiff appealed.
The fact situation was not unusual. It is a matter of common knowledge that the design of a sunken living room necessitates different levels. The case concerns a visible structural design involving *769no distraction or impeding objects attributable to the defendant, and the circumstances were not such as to place the defendant under a duty to warn. See Bowles v. Elks Pontiac Co., Fla.1953, 63 So.2d 769.
Affirmed.
ALLEN, Acting C. J., WHITE, J., and WILLIAMS, O. EDGAR, Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983)…cularly in the living room area of a private room, is not in itself an obstacle or dangerous condition requiring warning by the home owner. General Development Corporation v. Doles, 309 So. 2d 596 (Fla. 2d DCA 1975); Jahn v. Tierra Verde City, Inc., 166 So. 2d 768 (Fla. 2d DCA 1964). However, circumstances could arise which impose a duty upon the homeowner to warn a guest. In Ellis v. McCaskill plaintiff had never been in the defendant’s home before the accident, which occurred during a tour of the house. Th…1 / 2
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Grall v. Risden, 167 So. 2d 610 (Fla. 2d DCA 1964)…lved in favor of a jury trial. Bess v. 17545 Collins Ave., Inc., Fla.1957, 98 So. 2d 490. Even in negligence cases, however, when no genuine issue is presented, summary judgment may be properly granted. Jahn v. Tierra Verde City, Inc., Fla.App.1964, 166 So. 2d 768. The owner, occupant or person in charge of the premises owes to invitees or business visitors thereon the duty of ex-exercising reasonable care to keep the premises in a reasonably safe and suitable condition. Elmore v. Sones, Fla.App.1962, 140 So…
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Zambito v. Southland Rec. Enters., Inc., 383 So. 2d 989 (Fla. 2d DCA 1980)…ted that it did not consider the doctrine of “assumed risk”, but relied on the decisions in Hall v. Holton, 330 So. 2d 81 (Fla. 2d DCA 1976); General Development Corp. v. Doles, 309 So. 2d 596 (Fla. 2d DCA 1975), and Jahn v. Tierra Verde City, Inc., 166 So. 2d 768 (Fla. 2d DCA 1964). DISCUSSION In 1973, tjie supreme court established the doctrine of comparative negligence in Florida and held that a plaintiff was no longer barred from recovery because of his contributory negligence. Hoffman v. Jones, 280 So.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bowles v. Elkes Pontiac Co., 63 So. 2d 769 (Fla. 1952)