EASTERN STEAMSHIP CORP., A FLORIDA CORPORATION, APPELLANT,
v.
THOMAS EGAN, 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.
Eastern Steamship Corp. appeals a judgment for personal injuries sustained by Thomas Egan when his leg fell through a gap in a gangplank while disembarking from the vessel Ariadne. The appellate court affirmed the trial court's judgment, rejecting the defendant's contentions regarding the statute of limitations defense, sufficiency of evidence of vessel ownership and operation, and negligence.
The trial court did not err in striking the statute of limitations defense given the posture of the case presented at the time the order was entered. Substantial competent evidence supported the trial court's findings regarding defendant's operation, maintenance, and control of the vessel and defendant's negligence. All other points raised by defendant on appeal failed to demonstrate reversible error.
[1] A trial court's order striking an affirmative defense prior to trial will not be reversed if, in view of the posture of the case at the time of the order, no reversible e…
[2] A finding of fact by a trial court will be sustained if there is substantial competent evidence in the record to support it.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This court has carefully considered the entire record in this case and finds that there is substantial competent evidence to support the finding of the trial court with respect to the operation, maintenance and control of the vessel "Ariadne" by the defendant at the time and place of plaintiff's injuries and of the negligence of said defendant.”
Establishes the appellate court's standard of review and conclusion that sufficient evidence supported the trial court's factual findings regarding vessel ownership/operation and negligence.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEgan was aboard the vessel Ariadne to wish friends farewell before their cruise departure. While attempting to disembark, Egan's leg fell through an o…
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 Personal Injury cases and more on FLexlaw
Appellant, defendant below, appeals from a final judgment for money damages resulting from personal injuries to appellee, plaintiff below, entered by the trial court as the result of a trial before the court without a jury. The parties will be referred to as they stood in the trial court.
Defendant’s primary contentions on appeal are: (1) that the trial court erred in striking defendant’s affirmative defense relating to the statute of limitations upon plaintiff’s motion to strike such defense prior to trial, (2) that there is insufficient evidence in the record to sustain a finding of fact by the trial court that the vessel “Ariadne” was owned, operated, maintained or controlled by defendant, Eastern Steamship Corp., and (3) that there is insufficient evidence of any negligence on the part of defendant disclosed by the record.
Plaintiff had been aboard the vessel “Ariadne” to wish friends well prior to their departure on a cruise aboard the ship. While attempting to disembark from the vessel, plaintiff’s leg fell through an opening or gap between the top of the gangplank and the side of the vessel. This opening or gap was covered by red carpeting which ran the length of the gangplank and over the side of the ship.
This court has reviewed the action of the trial court in striking defendant’s affirmative defense of statute of limitations. In view of the posture of the case as presented to the trial judge at the time such order was entered, this court is unable to find reversible error in that connection.
This court has carefully considered the entire record in this case and finds that there is substantial competent evidence to support the finding of the trial court with respect to the operation, maintenance and control of the vessel “Ariadne” by the defendant at the time and place of plaintiff’s injuries 1 and of the negligence of said defendant. Although this court may have *610reached a different conclusion on the basis of the evidence disclosed by the record, such evidence does present questions of fact on those issues.
' We have considered the other points raised by defendant on appeal and find that said defendant has failed to demonstrate reversible error and that this cause should be affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Chappelle v. Windjammer Barefoot Cruises, 499 So. 2d 873 (Fla. 3d DCA 1986)…his being so, summary judgment was entirely inappropriate in this case. Moore v. Morris, 475 So. 2d 666 (Fla. 1985); Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977); Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Eastern Steamship Corp. v. Egan, 246 So. 2d 609 (Fla. 3d DCA 1971), writ discharged, 261 So. 2d 133 (Fla.1972); McCauley v. Eastern Steamship Lines, Inc., 211 So. 2d 72 (Fla. 4th DCA 1968); Fla.R.Civ.P. 1.510(c). Reversed and remanded.…
Authorities Cited
- McCAULEY v. E. S.S. Lines, Inc., 211 So. 2d 72 (Fla. 4th DCA 1968)