ROBERT LUCKEY AND PEARL LUCKEY, APPELLANTS,
v.
CITY OF ORLANDO, A MUNICIPAL CORPORATION, EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, ET AL., APPELLEES

Fla. 4th DCA | 1972-06-30
No. 71-645
REED, C. J., concurs., MAGER, J., dissents, with opinion.
264 So. 2d 99 Florida District Court of Appeal, Fourth District (1972) Caution
Cited by 14 cases

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.

Synopsis

Mrs. Luckey, a business invitee, tripped and fell on a raised metal track at the entrance to a business concession in an airport terminal. The trial court granted summary judgment for the defendants, but the appellate court reversed, finding genuine issues of material fact regarding both the defendants' negligence and the plaintiff's contributory negligence that should have been submitted to a jury.


Holding

The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding both negligence and contributory negligence that should have been determined by a jury. The defendants' potential negligence and the plaintiff's potential contributory negligence were jury questions.


Headnotes

[1] A business owner owes a duty to invitees to maintain its premises in a reasonably safe condition.

[2] The maintenance of a raised metal track across the width of a business doorway may constitute negligence.

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Key Quotes

“The jury would be fully authorized in finding that the maintenance of the mentioned raised metal track across the width of the doorway in the way of each customer's traverse into and out of the business premises constituted negligence.”

Establishes that defendants' conduct could constitute negligence as a matter of law, requiring jury determination

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Facts & Procedural History

Mrs. Luckey, age 62, was a business invitee at Jet News Stand located inside McCoy Jet Port in Orlando. The entrance consisted of sliding glass doors …

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Opinion of the Court
WALDEN, Judge.

WALDEN, Judge.

Trip and fall case. Summary final judgment for defendants. We reverse. There are genuine material issues.

Mrs. Luckey, a plaintiff, was a business invitee. She tripped and fell upon entering the doorway of Jet News Stand, a business concession located inside the McCoy Jet Port in Orlando. The usual issues of negligence and contributory negligence were framed in the pleadings and, as stated, the trial court disposed of them via summary judgment in favor of defendants.

As reflected in the photographs, the front of the stand consists of glass with merchandise on display and racks of merchandise of various kinds visible in the interior. The entrance-way doors were of the sliding glass variety, which opened and shut along the course of a narrow metal track fastened to the top of the floor. The track extended across the whole width of the doorway floor. It was elevated a heighth of % inch more or less over the balance of the floor space. The doors were opened at the time of the accident, thereby exposing the raised track.

Mrs. Luckey, age 62, spotted an item while outside the stand and, upon entering to purchase it, she tripped upon the raised metal track, fell and was injured.

*100How about defendant’s negligence? The jury would be fully authorized in finding that the maintenance of the mentioned raised metal track across the width of the doorway in the way of each customer’s traverse into and out of the business premises constituted negligence.

The jury could well have determined, for instance, that defendant’s failure to warn or post warning signs was negligent; that the maintenance of the doors and track of this design as opposed to others with no such impediment was negligent. It could have found that the track should have been recessed to floor level or removed when the doors were open; or, that the floor should have been painted in attention-getting colors in order to direct attention to the danger. Mrs. Luckey, as an invitee, could and should expect the premises she entered to be made reasonably safe for her. She is owed this duty by the storekeeper. Lunney v. Post, Fla.App.1971, 248 So.2d 504; Winn-Dixie Stores, Inc. v. Miller, Fla.App.1969, 220 So.2d 680; Harvey Building, Inc. v. Haley, Fla.1965, 175 So.2d 780; Schatz v. 7-Eleven, Inc., Fla.App.1961, 128 So.2d 901.

How about Mrs. Luckey’s contributory negligence? The jury could have found that she had a right not to expect an obstruction of this kind in the middle of the doorway to a business open to the public and, hence, without the existence of a warning sign she was under no duty to scrutinize the doorway floor upon entering. One is not required to guard against danger in places where it is not expected to be. Matthews v. Lawnlite Company, Fla.1956, 88 So.2d 299.

Further, under the facts of this case the distraction theory could have been applicable and excused her failure to see the doorway track, because of her view being fixed on the merchandise offered for sale. Deane v. Johnston, Fla.1958, 104 So.2d 3; Maximo Moorings Marine Center, Inc. v. Walke, Fla.App.1967, 196 So.2d 215. Finally, contributory negligence in such cases has been traditionally held to be for jury evaluation. Lescrynski v. Middlebrook, Fla.App.1972, 260 So.2d 215; Suhr v. Dade County, Fla.App.1967, 198 So.2d 837; Koven v. Owens, Fla.App.1964, 163 So.2d 311; Beikirch v. City of Jacksonville Beach, Fla.App.1964, 159 So.2d 898.

There are genuine issues of triable material facts and the case should not have been determined short of jury trial. Rule 1.510, Fla.R.Civ.Proc., 31 F.S.A., and Holl v. Talcott, Fla.1966, 191 So.2d 40.

The judgment is reversed and the case remanded for further proceedings consistent herewith.

Reversed and remanded.

REED, C. J., concurs.

MAGER, J., dissents, with opinion.

MAGER, Judge

(dissenting):

As Chief Justice Roberts pointed out in Becksted v. Riverside Bank of Miami, Fla.1956, 85 So.2d 130, “the duty which the plaintiff owes to herself is to observe the obvious and apparent condition of the premises.” See also Aaron v. Logro Corp., Fla.App.1969, 226 So.2d 8. In my view this principle is particularly applicable to the facts and circumstances in the case sub judice. The track extending across the width of the doorway floor of the newsstand in question was not a concealed or latent danger and was plainly visible and could have been seen by the plaintiff if she had been looking. The evidence in the record supports the conclusion that plaintiff’s conduct amounted to contributory negligence as a matter of law. The so-called “distraction doctrine” which has the effect of converting plaintiff’s contributory negligence from one of a matter of law to one of fact for the jury is simply not ap*101plicable for the reasons ably set forth by this court in Allied Business Association v. Saling, Fla.App.1969, 227 So.2d 712. I would affirm the judgment of the trial court on the basis of the reasoning and authorities hereinabove set forth.

Dissent
MAGER, Judge

MAGER, Judge

(dissenting):

As Chief Justice Roberts pointed out in Becksted v. Riverside Bank of Miami, Fla.1956, 85 So. 2d 130, “the duty which the plaintiff owes to herself is to observe the obvious and apparent condition of the premises.” See also Aaron v. Logro Corp., Fla.App.1969, 226 So. 2d 8. In my view this principle is particularly applicable to the facts and circumstances in the case sub judice. The track extending across the width of the doorway floor of the newsstand in question was not a concealed or latent danger and was plainly visible and could have been seen by the plaintiff if she had been looking. The evidence in the record supports the conclusion that plaintiff’s conduct amounted to contributory negligence as a matter of law. The so-called “distraction doctrine” which has the effect of converting plaintiff’s contributory negligence from one of a matter of law to one of fact for the jury is simply not ap plicable for the reasons ably set forth by this court in Allied Business Association v. Saling, Fla.App.1969, 227 So. 2d 712. I would affirm the judgment of the trial court on the basis of the reasoning and authorities hereinabove set forth.

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Citator

Cited By

  • Bryant v. Lucky Stores, Inc., 577 So. 2d 1347 (Fla. 2d DCA 1990)
    …which is owed. Cutler v. St. John’s United Methodist Church, 489 So. 2d 123 (Fla. 1st DCA 1986). Lucky Stores owed a duty to Mrs. Bryant, as a business invitee, to maintain its premises in a reasonable and safe manner. See Luckey v. City of Orlando, 264 So. 2d 99 (Fla. 4th DCA 1972) (plaintiff tripped over a door track which extended over the width of the door); Phillips v. Hartford Casualty Ins. Co., 373 So. 2d 415 (Fla. 4th DCA 1979) (plaintiff fell from a ramp leading from a grocery store to a parking are…
  • …nferences in favor of the opposing party, we must reverse the summary judgment. Holl v. Talcott, 191 So. 2d 40 (Fla.1966). The cases are legion to say summary judgments should be granted rarely. Especially on point here is Luckey v. City of Orlando, 264 So. 2d 99 (Fla. 4th DCA 1972) where a lady was walking across a metal strip leading into a business establishment and tripped and fell injuring herself. We said the business invitee was entitled to be warned by the storekeeper of any defects and a jury should…
  • Kathryn E. Eachus et vir. v. BIG Daddy's Lounges, Inc., 380 So. 2d 1154 (Fla. 3d DCA 1980)
    …of a walkway which was designated to be used by the patrons, constituted a negligent design. We think this is an issue of fact which should have been resolved by a finder of fact. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Luckey v. City of Orlando, 264 So. 2d 99 (Fla. 4th DCA 1972); Wills v. Sears, Roebuck & Company, 351 So. 2d 29 (Fla.1977). Therefore, we reverse the summary judgment under review and return the matter to the trial court for further proceedings. Reversed and remanded, with directions.…

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