ESSIE LEE BANKS, APPELLANT,
v.
YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER MIAMI, A NON-PROFIT FLORIDA CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Essie Lee Banks appealed a directed verdict entered in favor of the YMCA in a negligence action arising from her slip-and-fall on an exterior stairway lacking handrails. The court affirmed the directed verdict, holding that Banks was a licensee rather than an invitee, and the defendant owed only a duty to refrain from wanton negligence or willful misconduct, which was not breached.
The directed verdict was proper because Banks was a licensee, not an invitee, and the defendant owed only a duty to refrain from wanton negligence or willful misconduct and to warn of known dangers not open to ordinary observation. No evidence showed the defendant breached this duty.
“It is our view that the legal status of the plaintiff was that of a licensee and not that of an invitee as is contended by the plaintiff.”
Establishes the critical determination that plaintiff was a licensee, which determined the applicable standard of care.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBanks attended church services held by New Macedonia Baptist Church at YMCA premises. After services concluded and it began raining, Banks and other w…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Duty To Warn Of Known Dangers cases and more on FLexlaw
This is plaintiff’s appeal from a judgment entered in a negligence action pursuant to a directed verdict for the defendant at the close of plaintiff’s case.
Plaintiff’s amended complaint contained allegations that she sustained personal in*571juries on defendant’s premises, when, while descending an exterior stairway she slipped and fell to the bottom. Plaintiff alleges that the defendant failed to provide and maintain hand rails, grip rails or other similar safety devices in violation of applicable ordinances, and that the injuries suffered by the plaintiff were the proximate result of defendant’s negligence.
The defendant denied the allegations and also alleged in its answer that the plaintiff was guilty of contributory negligence.
The facts as they appear from the record are that the plaintiff attended church services being held by the New Macedonia Baptist Church on premises leased from the defendant. This leasing by the church was not exclusive, but permitted the church the use of a portion of the premises, to wit: the auditorium on certain days of the week, and, upon special request, the church could use other portions of the premises. On the date of the accident the basement was being used with permission ■of the defendant.
During the services it started to rain. At the conclusion of the services it was announced that refreshments would be served in the basement directly beneath the auditorium. The plaintiff and other worshipers then exited by the side door into the rain and onto a wet stairway. Plaintiff held her pocket book on one arm and covered her head with a program, which she held in her hand. She descended the stairs to ground level holding a bannister with the other hand. Upon reaching ground level, the plaintiff made a 180 degree turn in order to descend the other half of the stairway to the basement. As she started to walk down these steps, she slipped and fell all the way down and suffered serious and permanent injuries. The lower half of the stairway contained no handrail. Plaintiff admits that she wasn’t particularly looking for a handrail but she looked for the steps to go down and tried to catch the handrail.
.Upon the trial of the cause before a jury the plaintiff introduced evidence and rested her case. Whereupon the defendant moved for a directed verdict which was granted.
Plaintiff, in her appeal, contends that the trial court erred in directing a verdict for the defendant.
We shall first direct our attention to the legal relationship of the plaintiff to the defendant in order to determine the duty owed by the defendant to the plaintiff. The evidence shows that the plaintiff was on the premises of the Y.M.C.A., the defendant, for the purpose of attending religious services being conducted by the defendant’s lessee, New Macedonia Baptist Church. It is our view that the legal status of the plaintiff was that of a licensee and not that of an invitee as is contended by the plaintiff.1
The status of the plaintiff being that of licensee, the defendant owed the plaintiff the duty to refrain from wanton negligence or wilful misconduct, and to warn her of any defect dr condition known to the defendant to be dangerous, if such danger was not open to ordinary observation by the plaintiff.
The evidence does not show that the defendant was guilty of any wanton negligence of wilful misconduct; moreover, the evidence does not show that defendant deviated in any respect from the standard of care owed to a licensee.
In view of our determination that the plaintiff was a licensee and that the evidence failed to show that the defendant breached any duty it owed to the plaintiff, we find it unnecessary to discuss the other assignments of error.
No error having been made to appear, the judgment appealed is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Banks v. Young Men's Christian Ass'n, 183 So. 2d 213 (Fla. 1965)…Certiorari denied without opinion. 176 So. 2d 570.…
-
Pfeiffer v. Coleman F. Carroll, 206 So. 2d 226 (Fla. 3d DCA 1968)…PER CURIAM. Affirmed on the authority of Banks v. Young Men’s Christian Association of Greater Miami, Fla.App.1965, 176 So. 2d 570; Jensen v. Grace Lutheran Church of Clearwater, Inc., Fla.App. 1964, 163 So. 2d 782; McNulty v. Hurley, Fla.1957, 97 So 2d 185.…
-
Jonathan Boyce (F. Gordon Boyce v. PI Kappa Alpha Holding Corp., 476 F.2d 447 (5th Cir. 1973)…mple, if the actor knows that injury will likely result from his failure to take steps to correct a known danger on his property. See City of Boca Raton v. Mattef, 91 So. 2d 644, 648 (Fla.1956); Banks v. Young Men’s Christian Ass’n of Greater Miami, 176 So. 2d 570, 571 (D.C.A. 3), cert. denied, 183 So. 2d 213 (Fla.1965). In City of Boca Raton the court, denying recovery for an alleged wrongful death of plaintiff’s husband, held that a property owner’s failure to act constitutes willful and wanton negligence o…
Authorities Cited
- ST. Johns Cnty. v. Murphy, 97 So. 2d 185 (Fla. 1957)