TONI WIRT, APPELLANT,
v.
FONTAINBLEAU HOTEL CORPORATION, INC., AND COSMOPOLITAN MUTUAL INSURANCE COMPANY, APPELLEES
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PER CURIAM.
The plaintiff suffered a directed verdict at the close of her case in an action arising out of a slip-and-fall accident at the Fon-tainbleau Hotel.
The plaintiff contended that she fell while descending stairs on the hotel’s property due to a missing piece of stair on the stairway.
We have carefully reviewed the record on appeal, and have concluded that the evidence, viewed in a light most favorable to the plaintiff including all reasonable inferences which might be drawn in her favor, does not establish a prima facie case of negligence.
The evidence only supports a finding that an accident occurred, without adequate proof that a defect in the stairs caused the plaintiff to fall. See, Abrams v. Nolan Brown Cadillac Company, Fla.App.1969, 228 So. 2d 131.
Therefore, for the reasons stated, the judgment appealed is affirmed.
Affirmed.
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Greene v. Flewelling, 366 So. 2d 777 (Fla. 2d DCA 1978)…ted.) W. Prosser, The Law of Torts 241 (4th ed. 1971). This is the law of Florida also. Tampa Electric Co. v. Jones, 138 Fla. 746, 190 So. 26 (1939); Bryant v. Jax Liquors, Inc., 352 So. 2d 542 (Fla. 1st DCA 1977); Wirt v. Fontainbleau Hotel Corp., 306 So. 2d 547 (Fla. 3d DCA 1974). Though legal causation must be judged on a case-by-case basis, two cases serve to illustrate the concept involved here. In Depfer v. Walker, 125 Fla. 189, 169 So. 660 (1936) the supreme court held that a plaintiff who merely sho…
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Gonzalez v. Smith, 434 So. 2d 977 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. Novitch v. Nu Way Auto Service, 315 So. 2d 203 (Fla. 3d DCA 1975); Wirt v. Fountainbleau Hotel Corporation, Inc., 306 So. 2d 547 (Fla. 3d DCA 1974); Abrams v. Nolan Brown Cadillac Company, 228 So. 2d 131 (Fla. 3d DCA 1969).…
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Wirt v. Fontainebleau Hotel Corp., Inc., 316 So. 2d 288 (Fla. 1975)…Certiorari denied. 306 So. 2d 547. ADKINS, C. J., and BOYD, OVER-TON, ENGLAND and SUNDBERG, JJ., concur.…
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- Jess Abrams v. Nolan Brown Cadillac Co., 228 So. 2d 131 (Fla. 3d DCA 1969)