RAYMOND JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1965-02-11
No. G-11
STURGIS, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
171 So. 2d 598 Florida District Court of Appeal, First District (1965) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Simpson v. State, 164 So.2d 224 (Fla.App.1964) and Lambert v. State, 169 So.2d 374 (Fla.App.1964).

STURGIS, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.


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  • Lake Parker Mall, Inc. v. Laurenne A. Carson, 327 So. 2d 121 (Fla. 2d DCA 1976)
    …y, 1940, 141 Fla. 767, 193 So. 847. There is a duty to warn employees of an independent contractor of potential danger when the owner has actual or constructive knowledge of a dangerous condition of his premises. Somers v. Meyers, Fla.App.1st, 1965, 171 So. 2d 598. However, it is generally held that the duty is satisfied by notice to the contractor or supervisory personnel. See Fla. Power & Light Co. v. Robinson, Fla.1953, 68 So. 2d 406, which quoted approvingly from Storm v. New York Tel. Co., 1936, 270 N.Y.…
  • Arleen S. Rice v. Fla. Power & Light Co., 363 So. 2d 834 (Fla. 3d DCA 1978)
    …, an underlying requirement to liability of a landowner is that he have knowledge of that condition which is superi- or to that reasonably obtainable by the invitee. Rist v. Florida Power & Light Company, 254 So. 2d 540 (Fla.1971); Somers v. Meyers, 171 So. 2d 598 (Fla.1st DCA 1965); Quinelly v. Southern Maid Syrup Company, supra. Such is not the case on the facts before us. Therefore we affirm the decision of the trial court rendering summary judgment in favor of U.M. Rist v. Florida Power & Light Company,…
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    …way and himself placed the ladder on the wet surface. It is well settled that a defendant’s knowledge of a danger must be superior to that of a business invitee in order to create a duty to warn of dangers unknown to the plaintiff. Somers v. Myers, 171 So. 2d 598 (Fla. 1st DCA 1965). Here Mrs. Palmi-eri’s knowledge of the wet driveway was no greater than that of the plaintiff’s. Furthermore there was no showing that Mrs. Palmieri realized she was creating a danger to plaintiff by hosing the driveway down. In…

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